New Privacy Bill In Congress Offers Real Privacy Rights To Everyone
Congress appears ready for Comprehensive Privacy Legislation covering all American Businesses (except Small Businesses)
Policy & Regulations
Author:
• SCARS Editorial Team – Society of Citizens Against Relationship Scams Inc.
About This Article
The New Bipartisan Privacy Legislation in the U.S., the American Privacy Rights Act, backed by key lawmakers, including Senator Maria Cantwell and Representative Cathy McMorris Rodgers, introduces substantial cybersecurity mandates affecting various sectors of the economy.
Cantwell’s support marks a departure from previous failed attempts at comprehensive privacy laws, emphasizing the need to make privacy a consumer right.
Amid growing concerns over surveillance capitalism and state-level privacy regulations, the bill mandates corporations to uphold reasonable data security practices, encompassing confidentiality, integrity, and accessibility. It outlines cybersecurity measures like vulnerability assessments and bug reporting while granting consumers rights to access, correction, and opt-out of targeted advertising.
The proposed law also addresses algorithmic oversight and individual recourse against violations, preempting state laws. Its fate hinges partly on California’s stance, reflecting ongoing debates over privacy and cybersecurity regulations.
The Bipartisan Privacy Legislation in the U.S. Includes Significant Cybersecurity Requirements
The American Privacy Rights Act stands a Real Chance of being passed into law
A bipartisan privacy proposal in the United States Congress, supported by a prominent Senate Democrat and her House counterpart, includes measures that would subject large portions of the American economy to new cybersecurity regulations. The American Privacy Rights Act, still in its preliminary stage, has garnered the backing of Sen. Maria Cantwell, D-Wa., and Rep. Cathy McMorris Rodgers, R-Wa., who chair the Senate and House Commerce committees, respectively.
Cantwell’s endorsement sets this bill apart from previous attempts, even those with bipartisan support, to enact a comprehensive national privacy law. Throughout her three-year tenure as committee chair, Cantwell’s refusal to endorse prior compromise proposals has posed a significant hurdle for both Republicans and Democrats.
“A federal data privacy law must do two things: It must make privacy a consumer right, and it must give consumers the ability to enforce that right,” stated Cantwell.
The discussion around passing a privacy bill has been ongoing in Congress for more than two decades, but recent pressure has mounted due to backlash against what critics perceive as “surveillance capitalism” and state-level actions to enact their own privacy laws in the absence of federal legislation.
Efforts to legislate cybersecurity standards for the private sector, beyond industries already covered like energy and healthcare, stalled in 2012. However, there is growing recognition of the need to move beyond a hands-off approach and implement mandatory requirements, as indicated by officials in the Biden administration.
The Cantwell-McMorris proposal would mandate that nearly all corporations, except small businesses, that collect or process data maintain “reasonable data security practices.” These practices would be required to safeguard the confidentiality, integrity, and accessibility of data identifying an individual or device, or data linked to such information. The bill also requires protection against unauthorized access.
While not exhaustive, the bill outlines high-level cybersecurity practices that would become mandatory, including regular vulnerability assessments, acceptance of bug reports, and taking preventative and corrective action to address risks.
In terms of privacy, the bill primarily focuses on establishing rights of access and correction, as well as granting consumers the right to opt out of their data being used for targeted advertising. It prohibits corporations from retaliating against individuals for exercising their opt-out rights and sets oversight requirements for large companies using decision-making algorithms.
Consumers would have the right to opt out of algorithmic assessments in certain areas such as housing, employment, education, healthcare, and financial activities. The Federal Trade Commission would publish guidance on compliance within two years.
Individuals would have the ability to sue companies for violations of most sections of the act, preempting state data privacy laws, including California’s. This issue of private right of action and state preemption has been a point of contention between Democrats and Republicans.
“I think we have threaded a very important needle here,” Cantwell told The Spokesman-Review on Sunday. “We are preserving those standards that California and Illinois and Washington have.”
Whether the California congressional delegation agrees will likely play a significant role in determining the fate of the bill, given their protective stance on privacy laws.
Reads the legislation here: Text – H.R.8152 – 117th Congress (2021-2022): American Data Privacy and Protection Act | Congress.gov | Library of Congress
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