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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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Important Information for New Scam Victims
Please visit www.ScamVictimsSupport.org – a SCARS Website for New Scam Victims & Sextortion Victims
SCARS Institute now offers a free recovery program at www.SCARSeducation.org
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Some of our articles discuss various aspects of victims. This is both about better understanding victims (the science of victimology) and their behaviors and psychology. This helps us to educate victims/survivors about why these crimes happened and not to blame themselves, better develop recovery programs, and help victims avoid scams in the future. At times, this may sound like blaming the victim, but it does not blame scam victims; we are simply explaining the hows and whys of the experience victims have.
These articles, about the Psychology of Scams or Victim Psychology – meaning that all humans have psychological or cognitive characteristics in common that can either be exploited or work against us – help us all to understand the unique challenges victims face before, during, and after scams, fraud, or cybercrimes. These sometimes talk about some of the vulnerabilities the scammers exploit. Victims rarely have control of them or are even aware of them, until something like a scam happens, and then they can learn how their mind works and how to overcome these mechanisms.
Articles like these help victims and others understand these processes and how to help prevent them from being exploited again or to help them recover more easily by understanding their post-scam behaviors. Learn more about the Psychology of Scams at www.ScamPsychology.org
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All articles about psychology and the human brain on this website are for information & education only
The information provided in this and other SCARS articles are intended for educational and self-help purposes only and should not be construed as a substitute for professional therapy or counseling.
Note about Mindfulness: Mindfulness practices have the potential to create psychological distress for some individuals. Please consult a mental health professional or experienced meditation instructor for guidance should you encounter difficulties.
While any self-help techniques outlined herein may be beneficial for scam victims seeking to recover from their experience and move towards recovery, it is important to consult with a qualified mental health professional before initiating any course of action. Each individual’s experience and needs are unique, and what works for one person may not be suitable for another.
Additionally, any approach may not be appropriate for individuals with certain pre-existing mental health conditions or trauma histories. It is advisable to seek guidance from a licensed therapist or counselor who can provide personalized support, guidance, and treatment tailored to your specific needs.
If you are experiencing significant distress or emotional difficulties related to a scam or other traumatic event, please consult your doctor or mental health provider for appropriate care and support.
Also read our SCARS Institute Statement about Professional Care for Scam Victims – click here
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