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Comprehensive national data privacy and data security draft legislation framework released

According to the U.S. House Committee on Energy and Commerce:

“U.S. Representatives Frank Pallone, Jr., D-N.J. and Cathy McMorris Rodgers, R-Wash., Chairman and Ranking Member of the House Committee on Energy and Commerce, and U.S. Senator Roger Wicker, R-Miss., Ranking Member of the Senate Committee on Commerce, Science, and Transportation, today released a discussion draft of a comprehensive national data privacy and data security framework. The draft legislation is the first comprehensive privacy proposal to gain bipartisan, bicameral support.”  

What does the American Data Privacy and Protection Act do?

  • Establish a strong national framework to protect consumer data privacy and security;

  • Grant broad protections for Americans against the discriminatory use of their data;

  • Require covered entities to minimize on the front end, individuals’ data they need to collect, process, and transfer so that the use of consumer data is limited to what is reasonably necessary, proportionate, and limited for specific products and services;

  • Require covered entities to comply with loyalty duties with respect to specific practices while ensuring consumers don’t have to pay for privacy;

  • Require covered entities to allow consumers to turn off targeted advertisements;

  • Provide enhanced data protections for children and minors, including what they might agree to with or without parental approval; 

  • Establish regulatory parity across the internet ecosystem; and

  • Promote innovation and preserve the opportunity for start-ups and small businesses to grow and compete.

The discussion draft can be found here.

Lanton Law is a national healthcare & technology law and government affairs firm. Our technology practice has been monitoring privacy developments nationwide. If you are a commerce, technology or healthcare/life science stakeholder with questions about the current landscape or if you would like to discuss how your organization’s strategic initiatives might be impacted by either Congress, regulatory agencies or legal decisions, contact us today.