Congress reviews a proposed federal data privacy law almost every year. The most recent example—the American Data Privacy and Protection Act (ADPPA)—actually shows more promise of successfully passing than the past attempts. But while this bill enjoys bipartisan support and solves many issues raised in previously proposed laws, not everyone is happy with it.
The state of California in particular has raised opposition to the ADPPA. In a letter written to US House Speaker Pelosi, the California Privacy Protection Agency (CPPA) explains, “While extending privacy protections nationwide is important, under this bill, it would come at the expense of Californians’ rights.” The letter outlines many other concerns with the ADPPA, including:
- The bill would remove virtually all enforcement authority and financial support from state-level privacy agencies, most notably the CPPA.
- California’s current privacy law allows companies to charge consumers for certain rights fulfillment, but mandates that these charges are not unreasonable. The ADPPA has no such protection.
- The ADPPA’s definition of protected information is weaker than the CPRA’s. This could allow companies to continue collecting and using private information that California currently protects.
- Passing the ADPPA would prevent California from independently improving its own privacy protections and could force the state to actively lose progress.
The letter requests that California be exempted from the American Data Privacy and Protection Act to protect its citizens’ current privacy rights.
While California has been the most vocal opponent of the ADPPA, the law could impact state-level privacy legislation anywhere it exists across the nation. This presents an interesting example of the centuries-old states’ rights vs. federal government debate. Either outcome holds significant implications for not just the future of American privacy legislation, but the future of any federal law that clashes with existing state requirements.
Whether the American Data Privacy and Protection Act passes or not, business owners have a lot to keep track of. California lawmakers seem focused on improving their current privacy protections even further as long as they can. Don’t get left behind! Take advantage of 4Comply’s privacy compliance system to ensure you keep up with any new or updated privacy regulations. Get in touch with us today for a free demo.