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Overview of the American Data Privacy and Protection Act

CRS Legal Sidebar, Overview of the American Data Privacy and Protection Act H.R. 8152, June 30, 2022: “On June 21, 2022, the House Energy and Commerce Committee introduced the American Data Privacy and Protection Act (ADPPA), H.R. 8152,which would create a comprehensive federal consumer privacy framework. Some commentators have noted the bill’s novel compromises on two issues—whether to preempt state privacy laws and whether to create a private right of action—that have impeded previous attempts to create a national privacy framework. The bipartisan bill is co-sponsored by House Energy and Commerce Committee Chairman Frank Pallone, Jr. and Ranking Member Cathy McMorris Rogers and promoted in the Senate by Senate Commerce Committee Ranking Member Roger Wicker. In a joint statement, Representatives Pallone and McMorris Rodgers and Senator Wicker described the bill as “strik[ing] a meaningful balance” on key issues. Senate Commerce Committee Chair Maria Cantwell, however, has critiqued the ADPPA as having “major enforcement holes,”prompting other commentators to question whether the Senate will pass the bill. Members of the House Energy and Commerce Committee raised additional concerns during a markup hearing on June 23, 2022. Still, some scholars are hopeful that Congress will pass the bill. This Sidebar first provides a summary of the ADDPA. It then compares several of the bill’s key provisions to other privacy bills from the 117thand 116th Congresses before examining some considerations for Congress, including potential next steps for the legislation…”

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