Federal Privacy Bill Shows Emerging Patterns In US Privacy Law

On July 20, 2022, the House Committee on Energy and Commerce advanced a new federal privacy bill titled the American Data Privacy and Protection Act (ADPPA) to the House floor. Although it is not yet law, many commentators are optimistic that it may move forward in view of the ADPPA's bipartisan support and the compromises it reaches on the issues of preemption and private rights of action, both of which have stalled prior federal privacy bills. The ADPPA reveals trends in U.S. privacy law that are emerging from state-level laws passed in California,¹ Virginia, Colorado, Utah and Connecticut (the "State Privacy Laws"). It also departs from all five State Privacy Laws in a few novel ways. This alert discusses key provisions of the ADPPA, as currently drafted, and how they compare to the State Privacy Laws. The ADPPA will likely face further amendment before the House votes on a final bill.