Update on Comprehensive Data Privacy and Security Legislation
Negotiations over a comprehensive federal privacy bill are expected to resume in the 118th Congress. The American Data Privacy and Protection Act (ADPPA), which achieved more bipartisan support than any proposal in recent years, will serve as the starting point. While there continues to be general consensus around the need for such legislation, disagreements remain about the scope and enforcement mechanisms. Commerce Committee Chair Cantwell has not yet lent her support to the ADPPA due to enforcement concerns and objections of the trial lawyers, and it’s unclear where Sen. Cruz will fall on the bill. Congressional champions of the ADPPA have vowed to reintroduce the bill this Congress, though the timeline for reintroduction is unclear. Various advocates have called for changes to expand or limit ADPPA protections or have urged Congress not to take a more narrow approach to privacy such as only focusing on kids’ privacy, in part because it would diminish momentum for a sweeping privacy bill.