Federal Privacy Bill Aims To Consolidate US Privacy Law Patchwork

On April 7, 2024, Sen. Maria Cantwell, chair of the Senate Commerce Committee, and Rep. Cathy McMorris Rodgers, chair of the House Energy and Commerce Committee, advanced a new federal privacy bill to the House floor titled the American Privacy Rights Act (APRA). Although it is not yet law, many observers are optimistic that the APRA will move forward due to its bipartisan support and the compromises it reaches on the issues of preemption and private rights of action, which have stalled prior federal privacy bills.

The APRA contains familiar themes that largely mirror comprehensive state privacy laws, including the rights it provides to individuals and the duties it imposes on Covered Entities. This article discusses key departures from state privacy laws and new concepts introduced by the APRA.