A bipartisan effort led by Senator Maria Cantwell (D-Washington) and House Representative Cathy McMorris Rodgers (R-Oregon) unveils a new legislation to safeguard Americans' data privacy.
A woman in Abidjan used a laptop on April 3, 2019. - According to the figures of the platform of the fight against cybercrime (PLCC) of the national police, nearly one hundred crooks of the internet were arrested in 2018 in Ivory Coast, a country known for its scammers on the web, announced on April 2, 2019, the Ivorian authority of regulation of the telephony. (Photo: ISSOUF SANOGO/AFP via Getty Images)
Introducing The American Privacy Rights Act
Named The American Privacy Rights Act, the bill proposes various measures, including the mandate for explicit consent before transferring sensitive data to third parties.
This initiative marks a renewed attempt by Cantwell and McMorris Rodgers, following a previously stalled version of the bill introduced in 2022.
The bipartisan consensus represents a significant achievement in the ongoing congressional deliberations regarding data privacy.
Despite widespread acknowledgment of the necessity for federal standards, lawmakers have grappled with the intricacies of regulating the amount of online consumer data collected by companies, a challenge resonating across Silicon Valley and Washington.
The proposed legislation aims to establish a standardized framework nationwide governing the collection, utilization, and sharing of online data by various entities. It introduces provisions allowing users to opt out of specific data practices, particularly targeted advertising.
Additionally, it mandates that companies collect only essential data necessary for providing tailored services to consumers while granting individuals the right to access, delete, and transfer their data across digital platforms.
Addressing Longstanding Challenges in Data Privacy Legislation
The agreement represents a significant step forward for privacy protection in the United States. It addresses longstanding issues that have hindered progress in negotiations for years.
Notably, it resolves the debate over whether federal legislation should supersede state laws and whether consumers should have the right to sue companies for violations.
In a nod to Republican concerns, the bill would preempt many state privacy laws, including California's groundbreaking legislation, while preserving state regulations pertaining to specific sectors like healthcare or finance.
Simultaneously, it incorporates a Democratic-backed enforcement mechanism allowing individuals to pursue legal action and seek monetary damages for non-compliance with data deletion requests or failure to obtain explicit consent for sensitive data collection.
Cantwell emphasized the necessity of clear boundaries to identify and address misconduct in the digital realm and the importance of effectively regulating the information age.
McMorris Rodgers hailed the proposed legislation as a landmark achievement, asserting it would institute privacy safeguards surpassing those found in any existing state law.
Rep. Frank Pallone Jr. (N.J.), ranking Democrat on McMorris Rodgers' committee, praised it as a "robust initial proposal" while suggesting areas for improvement, particularly concerning children's privacy.
Brad Smith, Microsoft's vice chairman and president, hailed it as a "significant step forward," emphasizing its potential to establish clear national standards on privacy.
Despite backing from key lawmakers like Cantwell and McMorris Rodgers, The Washington Post reported that the bill's future remains uncertain. As a "discussion draft," it invites input from various stakeholders before formal introduction.
'The looming November elections and McMorris Rodgers' impending departure add urgency to the legislative timeline, underscoring the need for prompt action. Nonetheless, Cantwell expressed optimism, noting that deadlines can spur progress.
