In a groundbreaking move, two leading US lawmakers have come together to propose a bipartisan deal that would provide all Americans with a basic right to digital privacy. The legislation aims to regulate how companies collect, share, and use online data, similar to the European Union’s General Data Protection Regulation (GDPR). This proposal could potentially establish a single federal standard for digital privacy in the US, overriding tougher state-based privacy laws such as those in California.
The agreement comes at a time when personal data has become increasingly valuable in the modern economy, with companies utilizing it to train sophisticated AI models. The lawmakers involved, Sen. Maria Cantwell and Rep. Cathy McMorris Rodgers, released a discussion draft outlining the American Privacy Rights Act, which covers data brokers, tech platforms, telecom providers, and other organizations that interact with internet users. The legislation would prohibit the transfer of sensitive personal data without explicit user approval and give individuals the right to opt out of targeted advertising.
Additionally, the proposed legislation would allow users to request copies of their data, correct inaccuracies, or have it deleted from a company’s records. Concerns about foreign adversaries potentially accessing Americans’ personal data have also been addressed in the bill, requiring companies to disclose if data may be sent to or processed in countries like China or Russia. The bipartisan agreement breaks a years-long deadlock between Republicans and Democrats over the scope of a national privacy law, preempting existing state laws and granting individuals the ability to sue companies for privacy violations.
While this legislation marks a significant step towards establishing a national data privacy and security standard, it still faces a challenging path to becoming law. It must clear both lawmakers’ committees and pass both chambers of Congress before reaching President Biden’s desk. With low odds of Congress passing much legislation in the upcoming months leading to the 2024 election, the fate of the American Privacy Rights Act remains uncertain. Additionally, Rep. McMorris Rodgers’ announcement that she will not seek reelection could further complicate the bill’s future without one of its key sponsors in the House.
Overall, the bipartisan proposal aims to provide American consumers with more control over their personal data and create a framework for how companies handle and protect this information. By establishing a federal standard for digital privacy, the US could align itself more closely with the GDPR and other global privacy regulations. While challenges lie ahead in the legislative process, the agreement represents a significant breakthrough in the ongoing efforts to regulate and protect Americans’ online data in an increasingly digital world.
