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.

New Privacy Bill In Congress Offers Real Privacy Rights To Everyone - 2024

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

Important Information for New Scam Victims

SCARS Resources:

PLEASE NOTE: Psychology Clarification

The following specific modalities within the practice of psychology are restricted to psychologists appropriately trained in the use of such modalities:

  • Diagnosis: The diagnosis of mental, emotional, or brain disorders and related behaviors.
  • Psychoanalysis: Psychoanalysis is a type of therapy that focuses on helping individuals to understand and resolve unconscious conflicts.
  • Hypnosis: Hypnosis is a state of trance in which individuals are more susceptible to suggestion. It can be used to treat a variety of conditions, including anxiety, depression, and pain.
  • Biofeedback: Biofeedback is a type of therapy that teaches individuals to control their bodily functions, such as heart rate and blood pressure. It can be used to treat a variety of conditions, including stress, anxiety, and pain.
  • Behavioral analysis: Behavioral analysis is a type of therapy that focuses on changing individuals’ behaviors. It is often used to treat conditions such as autism and ADHD.
    Neuropsychology: Neuropsychology is a type of psychology that focuses on the relationship between the brain and behavior. It is often used to assess and treat cognitive impairments caused by brain injuries or diseases.

SCARS and the members of the SCARS Team do not engage in any of the above modalities in relationship to scam victims. SCARS is not a mental healthcare provider and recognizes the importance of professionalism and separation between its work and that of the licensed practice of psychology.

SCARS is an educational provider of generalized self-help information that individuals can use for their own benefit to achieve their own goals related to emotional trauma. SCARS recommends that all scam victims see professional counselors or therapists to help them determine the suitability of any specific information or practices that may help them.

SCARS cannot diagnose or treat any individuals, nor can it state the effectiveness of any educational information that it may provide, regardless of its experience in interacting with traumatized scam victims over time. All information that SCARS provides is purely for general educational purposes to help scam victims become aware of and better understand the topics and to be able to dialog with their counselors or therapists.

It is important that all readers understand these distinctions and that they apply the information that SCARS may publish at their own risk, and should do so only after consulting a licensed psychologist or mental healthcare provider.

Opinions

The opinions of the author are not necessarily those of the Society of Citizens Against Rleationship Scams Inc. The author is solely responsible for the content of their work. SCARS is protected under the Communications Decency Act (CDA) section 230 from liability.

Disclaimer:

SCARS IS A DIGITAL PUBLISHER AND DOES NOT OFFER HEALTH OR MEDICAL ADVICE, LEGAL ADVICE, FINANCIAL ADVICE, OR SERVICES THAT SCARS IS NOT LICENSED OR REGISTERED TO PERFORM.

IF YOU’RE FACING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY, OR VISIT THE NEAREST EMERGENCY ROOM OR URGENT CARE CENTER. YOU SHOULD CONSULT YOUR HEALTHCARE PROVIDER BEFORE FOLLOWING ANY MEDICALLY RELATED INFORMATION PRESENTED ON OUR PAGES.

ALWAYS CONSULT A LICENSED ATTORNEY FOR ANY ADVICE REGARDING LEGAL MATTERS.

A LICENSED FINANCIAL OR TAX PROFESSIONAL SHOULD BE CONSULTED BEFORE ACTING ON ANY INFORMATION RELATING TO YOUR PERSONAL FINANCES OR TAX RELATED ISSUES AND INFORMATION.

SCARS IS NOT A PRIVATE INVESTIGATOR – WE DO NOT PROVIDE INVESTIGATIVE SERVICES FOR INDIVIDUALS OR BUSINESSES. ANY INVESTIGATIONS THAT SCARS MAY PERFORM IS NOT A SERVICE PROVIDED TO THIRD-PARTIES. INFORMATION REPORTED TO SCARS MAY BE FORWARDED TO LAW ENFORCEMENT AS SCARS SEE FIT AND APPROPRIATE.

This content and other material contained on the website, apps, newsletter, and products (“Content”), is general in nature and for informational purposes only and does not constitute medical, legal, or financial advice; the Content is not intended to be a substitute for licensed or regulated professional advice. Always consult your doctor or other qualified healthcare provider, lawyer, financial, or tax professional with any questions you may have regarding the educational information contained herein. SCARS makes no guarantees about the efficacy of information described on or in SCARS’ Content. The information contained is subject to change and is not intended to cover all possible situations or effects. SCARS does not recommend or endorse any specific professional or care provider, product, service, or other information that may be mentioned in SCARS’ websites, apps, and Content unless explicitly identified as such.

The disclaimers herein are provided on this page for ease of reference. These disclaimers supplement and are a part of SCARS’ website’s Terms of Use

Legal Notices: 

All original content is Copyright © 1991 – 2023 Society of Citizens Against Relationship Scams Inc. (Registered D.B.A SCARS) All Rights Reserved Worldwide & Webwide. Third-party copyrights acknowledge.

U.S. State of Florida Registration Nonprofit (Not for Profit) #N20000011978 [SCARS DBA Registered #G20000137918] – Learn more at www.AgainstScams.org

SCARS, SCARS|INTERNATIONAL, SCARS, SCARS|SUPPORT, SCARS, RSN, Romance Scams Now, SCARS|INTERNATION, SCARS|WORLDWIDE, SCARS|GLOBAL, SCARS, Society of Citizens Against Relationship Scams, Society of Citizens Against Romance Scams, SCARS|ANYSCAM, Project Anyscam, Anyscam, SCARS|GOFCH, GOFCH, SCARS|CHINA, SCARS|CDN, SCARS|UK, SCARS|LATINOAMERICA, SCARS|MEMBER, SCARS|VOLUNTEER, SCARS Cybercriminal Data Network, Cobalt Alert, Scam Victims Support Group, SCARS ANGELS, SCARS RANGERS, SCARS MARSHALLS, SCARS PARTNERS, are all trademarks of Society of Citizens Against Relationship Scams Inc., All Rights Reserved Worldwide

Contact the legal department for the Society of Citizens Against Relationship Scams Incorporated by email at legal@AgainstScams.org