Senator Maria Cantwell and Representative Cathy McMorris Rodgers introduced the American Privacy Rights Act (APRA) last month, proposing a comprehensive set of privacy rights for consumers and compliance requirements for businesses. The bill aims to establish a national standard for data privacy and security, following President Biden’s executive order on data privacy protections. The political and privacy atmosphere has shifted, with a focus on privacy as a national security concern.
Unique aspects of the APRA include narrowed preemption of state laws, stronger enforcement mechanisms including private right of action, a carveout for small businesses, and a pilot program for privacy-preserving technology. These elements seek to address concerns raised by different stakeholders, including state governments and small businesses. The bill also acknowledges the evolving landscape of privacy technology and encourages the use of privacy-enhancing technology to protect personal data.
Marketers can expect fundamental privacy rights for consumers, such as the right to access, correct, delete, and export their data, as well as the ability to opt-out of data transfer and targeted advertising. Special protections for sensitive data and a national data broker registry are also included in the bill, reflecting the increasing importance of data privacy and consumer consent. Marketers are advised to be strategic in collecting and sharing customer data, ensuring they are transparent and delivering value in exchange for the data collected.
The APRA faces challenges in preemption and private right of action, sparking debate among lawmakers. The bill aligns with previous proposals in granting privacy rights to consumers and imposing requirements on businesses. As lawmakers consider various privacy bills, including those related to children’s privacy and social media regulation, the consistency between them indicates progress towards enacting fundamental privacy protections. Marketers should stay informed and adapt their data collection practices to meet evolving privacy expectations.
