American Data Privacy and Protection Act (ADPPA) heads for US House floor

guest · Jul 23, 2022

July 21, 2022

Despite facing a time crunch, a flood of stakeholder feedback and unforeseen Congressional opposition, the proposed American Data Privacy and Protection Act keeps on chugging.

The bill's next act will come on the U.S. House floor after the House Committee on Energy and Commerce markup July 20 resulted in a 53-2 vote to advance the bill to full House consideration. The vote to advance marks the first time a comprehensive privacy bill will be made available for a full chamber vote in either the House or the Senate.
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"This is a bill that's long overdue and badly needed," Rep. Jerry McNerney, D-Calif., said. "If we don't pass it now then I don't think we're going to have a chance to pass this for a good long time again. I urge the committee to pass this."
It's unclear when the bill will have its number called on the House floor.

"Today’s markup is another milestone towards our ultimate goal of enacting meaningful national privacy legislation," Pallone said. "This legislation is our best hope at protecting Americans privacy and data security, while also providing certainty to American businesses."
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amended bill:
(PDF): https://docs.house.gov/meetings/IF/IF00/20220720/115041/BILLS-117-8152-P000034-Amdt-1.pdf
Overview of the American Data Privacy and Protection Act, H.R. 8152
(PDF): https://crsreports.congress.gov/product/pdf/LSB/LSB10776

The ADPPA would govern how companies across different industries treat consumer data. While not an
exhaustive summary, some key facets of the bill are as follows: [...]
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Understanding the scope of the draft American Data Privacy and Protection Act
June 9, 2022

As the policy community takes time to absorb and reflect on the substantive provisions of the draft American Data Privacy and Protection Act, it is worth exploring the basic scope of application of the bill. What organizations would be expected to comply? How do obligations differ based on size or function in the data economy? The ADPPA presents a somewhat complex array of organizational roles, with different names than privacy professionals may be used to. For example, what’s the difference between a “third party” and a “third-party collecting entity?”

Note that this is an article about a draft bill, not yet introduced in the U.S. House or Senate.
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guest · Jul 23, 2022

Americans Deserve More Than The Current American Data Privacy Protection Act
July 22, 2022

EFF is disappointed by the latest draft of the American Data Privacy Protection Act, or the ADPPA (H.R. 8152), a federal comprehensive data privacy bill. The bill passed the U.S. House Energy and Commerce committee on Wednesday, and is headed to the House floor.

We have been closely monitoring the progress of this bill, and carefully watched how negotiations played out. EFF last month sent a public letter to Congress seeking improvements to a prior version of this bill—many of these suggestions still stand. There were many changes to the bill earlier this week, and we are still evaluating the new language.
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We have three initial objections to the version that the committee passed this week. Before a floor vote, we urge the House to fix the bill and use this historic opportunity to strengthen—not diminish—the country's privacy landscape now and for years to come.
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EFF urges Congress to strengthen the ADPPA. The people whose privacy we're trying to protect deserve no less. We realize that legislation requires compromises, and that the perfect must not be the enemy of the good. But lawmakers must not squander this opportunity by passing something insufficient that also prevents progress for years to come.
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guest · Jul 29, 2022

California Privacy Protection Agency to Hold Special Meeting to Discuss Proposed Federal Privacy Legislation
July 27, 2022

The California Privacy Protection Agency (“CPPA”) announced it will hold a special meeting on July 28, 2022 at 9 a.m. PST to discuss and potentially act on proposed federal privacy legislation, including the bipartisan American Data Protection and Privacy Act (“ADPPA”) (H.R. 8152).

ADPPA is a comprehensive data privacy bill that advanced through the House Committee on Energy & Commerce on June 20 and may be headed to the House floor before the end of this Congress. The ADPPA, as currently drafted, would preempt significant portions of state consumer privacy laws, including the California Consumer Privacy Act (“CCPA”).
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Although the CPPA has yet to formally take a position on the latest version of the ADPPA, CPPA staff memoranda and other related letters suggest that the CPPA will oppose federal privacy legislation that seeks to preempt the state’s comprehensive consumer privacy protections.

The CPPA has posted the special meeting agenda and virtual attendance link. Additional meeting materials, including staff memorandum on the issues, can be found here.
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guest · Jul 31, 2022

Federal Preemption of State Privacy Law Hurts Everyone
July 28, 2022

There's a lot of discussion right now about how a federal privacy bill, the American Data Privacy Protection Act (H.R.8152), will affect state privacy laws. EFF has a clear position on this: federal privacy laws should not roll back state privacy protections. The ADPPA, as currently written, would override a broad swath of existing state laws and prevent states from future action on those areas, a structure called "preemption." We have expressed disappointment and called on Congress to do better.

The debate around the ADPPA's preemption provisions has centered largely on whether or not it's stronger than current state privacy laws, therefore lowering the bar for the country right now. But that's only part of the issue: we must also look to the future. So the ADPPA's current preemption language is bad for everyone in the country—not only those who happen to live in one of the states that have passed data privacy statutes.
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The ADPPA alone doesn't fix all the problems we face right now.
Today’s ADPPA also does not fix all the currently unknown problems we are sure to face in the future. Congress is not nimble and often does not react to privacy concerns in a timely way.
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guest · Sep 3, 2022

A new US data privacy bill aims to give you more control over information collected about you
by Anne Toomey McKenna, The Conversation - August 24, 2022

With rare bipartisan support, the American Data and Privacy Protection Act moved out of the U.S. House of Representatives Committee on Energy and Commerce by a vote of 53–2 on July 20, 2022. The bill still needs to pass the full House and the Senate, and negotiations are ongoing. Given the Biden administration's responsible data practices strategy, White House support is likely if a version of the bill passes.

As a legal scholar and attorney who studies and practices technology and data privacy law, I've been closely following the act, known as ADPPA. If passed, it will fundamentally alter U.S. data privacy law.
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ADPPA fills the data privacy void, builds in federal preemption over some state data privacy laws, allows individuals to file suit over violations and substantially changes data privacy law enforcement. Like all big changes, ADPPA is getting mixed reviews from media, scholars and businesses. But many see the bill as a triumph for U.S. data privacy that provides a needed national standard for data practices.

Who and what will ADPPA regulate? [...]
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