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Data Rights, Data Duties, & Data Risks: The American Data Privacy and Protection Act

By Rita W. Garry
August 01, 2022

The Ranking Member of the House of Representatives' Energy and Commerce Committee, Cathy McMorris Rodgers (R-WA) wants to call the American Data Privacy Protection Act (ADPPA) (H.R. 8152 ) a "landmark achievement" because, if enacted, it would be the United States' first comprehensive federal privacy law; it would be the product of an unusual bipartisan and bicameral Congressional effort; and it would usher in a new federal right to privacy for all U.S. citizens relating to their data regardless of their state of residency. On June 3, 2022, the ADPPA was presented as a discussion draft; on June 14, 2022, the House Committee of Energy and Commerce held a three hour hearing entitled "Protecting America's Consumers: Bipartisan Legislation to Strengthen Data Privacy and Security" and heard from over 10 data privacy and cyber security experts; on June 23, 2022, the Consumer Protection and Commerce Subcommittee held an open markup session on the ADPPA forwarded the Bill (as amended) to the full Committee by a unanimous voice vote.

While the ADPPA represents compromises between Democratic and Republican leadership of the U.S. Senate and House of Representatives, particularly around the thorny issues of state law preemption and private rights of action, there are other legislative and big tech industry players pushing their own agendas for comprehensive national data privacy and security frameworks. Also, while the ADPPA has made the largest step so far, there is a serious question whether the ADPPA's ultimate goals of giving all U.S. citizens the right to control the use of their personal data can be reckoned with the blow dealt to the right to privacy by the majority opinion in Dobbs v. Jackson Women's Health Organization. See, "The Overturning of Roe v. Wade Undermines the Right to Privacy," June 27, 2022, Information Accountability Foundation.

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