On July 20, 2022, the House Committee on Energy & Commerce reported out the American Data Privacy and Protection Act (ADPPA), and it is now eligible for a full House vote. If passed by Congress and signed by the President, the ADPPA will fundamentally change privacy law in the United States and around the world.
Federal Privacy Bill Advances to House Floor
Keypoint: The House Committee on Energy & Commerce reported out the American Data Privacy and Protection Act by a vote of 53-2, referring the bill to the full House.
On July 20, 2022, the House Committee on Energy & Commerce reported out an amended version of the American Data Privacy and Protection Act (ADPPA) (H.R. 8152) after holding a markup. The bill passed by a vote of 53-2 and is now eligible for a full House floor vote. Lawmakers previously voted the bill out of a House subcommittee on June 23, 2022.
In the below article, we provide a brief overview of the amendments to the ADPPA as well as a discussion of recent objections raised by various entities and individuals.
CPPA Commences Formal CPRA Rulemaking
Keypoint: While the Agency previously published draft regulations in early June, its filing of a Notice of Proposed Rulemaking officially initiates the rulemaking process and triggers a 45-day comment period.
On July 8, 2022, the California Privacy Protection Agency (Agency) announced that it has initiated the formal rulemaking process to adopt proposed regulations implementing the Consumer Privacy Rights Act of 2020 (CPRA). The announcement comes exactly six weeks after the Agency published draft regulations in connection with an Agency Board meeting held on June 8, 2022.
In the below post we identify the rulemaking documents filed by the Agency, discuss the rulemaking timeframe and scope, highlight comments the Agency made regarding other privacy laws, and identify the non-substantive changes made between this version and the prior draft version published in June.
Legislating Data Privacy Series: A Conversation with Connecticut Senator James Maroney
In the fifteenth episode of our Legislating Data Privacy podcast series, we are joined – for the second time – by Connecticut Senator James Maroney.
Senator Maroney is the author of the Connecticut Data Privacy Act – the nation’s fifth broad consumer privacy law. In this episode, Senator Maroney discusses how he navigated passing the
Federal Privacy Bill Voted Out of House Subcommittee
Keypoint: A revised version of the American Data Privacy and Protection Act was formally introduced in the House and voted out of a subcommittee.
As we previously reported, on June 3, 2022, a bipartisan and bicameral group of lawmakers released a discussion draft of a comprehensive data privacy bill called the American Data Privacy and Protection Act (ADPPA). Representatives Frank Pallone Jr. (D-N.J.), Cathy McMorris Rodgers (R-Wash.), and Senator Roger Wicker (R-Miss.) all supported the discussion draft although it lacked the key support of Senator Maria Cantwell (D-Wash.).
On June 21, 2022, lawmakers formally introduced the ADPPA as H.R. 8152. On June 23, 2022, the Subcommittee on Consumer Protection and Commerce of the House Committee on Energy and Commerce held an open mark up session on the ADPPA and seven other bills. During the mark up session, the subcommittee ordered and favorably reported the bill, as amended by a substitute, to the full committee.
In the below post, we analyze some of the key changes between the discussion draft and current version of the ADPPA, briefly recap the mark up session, and discuss the bill’s path forward.
Husch Blackwell Submits Comments on Colorado Privacy Act Pre-Rulemaking
Keypoint: The comments focus on identifying areas in which the Attorney General’s Office may provide additional clarity to consumers and businesses and to ensure, where appropriate, the interoperability of the Colorado Privacy Act with state and international privacy laws.
The Colorado Attorney General’s Office is currently accepting pre-rulemaking input on the Colorado Privacy Act (CPA). It also will host public listening sessions on June 22 and June 28 for those interested in providing oral comments.
Given the importance of these forthcoming regulations to the development of U.S. privacy law, members of Husch Blackwell’s data privacy practice submitted extensive comments to the Office. The purpose of the comments is to identify areas in which the Office may provide additional clarity to consumers and businesses and to ensure, where appropriate, the interoperability of the CPA with other state privacy laws enacted in California, Connecticut, Utah, and Virginia and international privacy laws such as GDPR.
Bipartisan U.S. Federal Privacy Bill Circulated
Keypoint: The chances for the United States to finally enact a federal privacy bill appear to have increased with the circulation of a bipartisan discussion draft although its chances for passage are far from clear.
On Friday, June 3, House and Senate leaders released a bipartisan discussion draft of a comprehensive data privacy bill called the American Data Privacy and Protection Act (ADPPA). Although there have been many federal privacy bills introduced in the past, this discussion draft is gaining widespread attention because of its timing, bipartisan support, and the fact that it reaches compromise positions on state law preemption and enforcement (the two primary obstacles for passing a federal privacy law).
In the below article, we first discuss the background of the discussion draft, including its chances for passage. We then provide a list of high-level takeaways.
Webinar: Analyzing the CPRA Draft Regulations
On May 27, 2022, the California Privacy Protection Agency issued draft regulations in connection with a Board meeting scheduled for June 8, 2022.
On June 9, 2022, members of Husch Blackwell’s data privacy team will host a webinar to analyze the draft regulations and how they will impact your CPRA compliance efforts. During the webinar,
CPRA Draft Regulations Issued
Keypoint: The California Privacy Protection Agency issued a first set of draft regulations that contain a number of notable provisions but do not address all of the CPRA’s rulemaking topics.
On Friday, May 27, 2022, the California Privacy Protection Agency (CPPA or Agency) issued draft regulations in connection with a Board meeting scheduled for June 8, 2022.
In the below post, we provide high-level takeaways from the draft regulations, discuss the rulemaking timeframe, and provide a summary of some of the more notable provisions.
U.S. Children’s Privacy Law Update
Keypoint: Last week, the FTC signaled an increased focus on COPPA enforcement, targeting education technology companies while California and federal lawmakers consider enacting new laws to regulate the processing of children’s data.
Over the past few months there has been a growing bipartisan consensus among lawmakers and regulators of the need for increased regulation around the processing of children’s data. In a sign of the significance of the issue, President Biden specifically addressed children’s data privacy in his State of the Union Address. As discussed below, recent actions by the Federal Trade Commission (the “Commission”) and lawmakers signal that companies processing children’s data should expect to see increased scrutiny.