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“In the coming weeks, we will be working with our colleagues on both sides of the aisle to build support and finalize this standard to give Americans more control over their personal data.”
The American Data Privacy and Protection Act aims to tie up these loose ends. Within a year of the legislation being enacted, the FTC would be required to set up a new bureau that would be the authority power for parts of the act. Among other things, the act would require the FTC to issue guidance on policies that companies must follow in collecting, processing and transferring covered data. The FTC is also in charge of tracking third-party collecting entities that process covered data of more than 5,000 individuals through a registration process.
Meanwhile, a violation of the act by companies would be considered “an unfair or deceptive act or practice under the FTC Act, meaning it may obtain civil penalties for initial and subsequent violations, among other relief,” according to the draft legislation.
Though privacy laws exist in several states – including California, Virginia and Colorado – the U.S. does not yet have an all-encompassing federal data privacy law, which would act as a comprehensive measure to protect consumers’ private data from being misused, even in states without regulations. The American Data Privacy and Protection Act for its part would preempt most of these existing state laws, according to the draft legislation.
Several federal bills have been proposed over the years addressing data privacy, including one introduced in July called The Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act; as well as previous efforts like the Information Transparency and Personal Data Control Act introduced in March by Rep. Suzan DelBene (D-Wash). But lawmakers say that the American Data Privacy and Protection Act is unique in that it is the first comprehensive privacy proposal to gain bipartisan, bicameral support.
“This bipartisan and bicameral effort to produce a comprehensive data privacy framework has been years in the making, and the release of this discussion draft represents a critical milestone,” Wicker, Pallone, and Rodgers said in a statement. “In the coming weeks, we will be working with our colleagues on both sides of the aisle to build support and finalize this standard to give Americans more control over their personal data.”
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