Bipartisan proposal for a US federal privacy law

A discussion draft has been issued by a bipartisan and bicameral commerce committee for the ‘American Data Privacy and Protection Act’. The draft was proposed by the House Energy and Commerce Committee Chairman, Frank Pallone, Energy and Commerce Republican Leader, Cathy McMorris Rodgers, and Senate Committee on Commerce, Science, and Transportation Ranking Member, Roger Wicker.

The discussion draft, issued on 3 June, says the law would not pre-empt federal privacy laws such as HIPAA (the Health Insurance Portability and Accountability Act of 1996), but would pre-empt most state privacy laws, such as those of California.

For enforcement, the law would create a new “bureau” inside the Federal Trade Commission “to assist the Commission in exercising the Commission’s authority under this Act and related authorities.”

See the Draft Bill

We will analyse the proposal in a future issue of Privacy Laws & Business International Report.