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ARTICLE · 14 NOVEMBER 2022

Federal Data Privacy Law May Have Hit Roadblock

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A bipartisan bill is making the rounds in Congress that would constitute the largest privacy and data protection legislation in US history. To date, such legislation has been left to the states...

United StatesPrivacy

A bipartisan bill is making the rounds in Congress that would constitute the largest privacy and data protection legislation in US history. To date, such legislation has been left to the states, with states like California's Consumer Privacy Act and Virginia's Consumer Data Protection Act taking the lead. If passed, the American Data Privacy Protection Act ("ADPPA"), which represents the farthest a privacy bill has gone at the federal level, would have significant implications for businesses. But it still has a ways to go.

The ADPPA includes some significant provisions and changes to the state-level laws that have already passed to date. For one, the categories of data potentially covered by the bill are broad, similar to the EU's General Data Protection Regulation ("GDPR") and includes any identifying, linked, or reasonably linkable to either an individual or a device linkable to an individual. Moreover, the definition in the bill of "covered entities" (those

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