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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.
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New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies
By David A. Holley
An Executive Order released by the Biden Administration on Aug. 9 places increased importance on due diligence when investing in specific foreign countries. The Executive Order will regulate outbound investments in China with a focus on key technologies critical to safeguarding U.S. national security, including artificial intelligence.
New York’s Latest Cybersecurity Commitment
By Erik B. Weinick
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York’s inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration
By Daniella Main and Brooke Bolender
Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach.
By Wim Nauwelaerts
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.
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