Lexology April 12, 2024
Troutman Pepper

On April 7, House Energy & Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Senate Commerce Committee Chair Maria Cantwell (D-WA) announced a bipartisan, bicameral draft of comprehensive data privacy legislation, the American Privacy Rights Act (APRA). The APRA represents a significant compromise and, according to Rodgers and Cantwell, “strikes a meaningful balance on issues that are critical to moving comprehensive data privacy legislation through Congress,” such as preemption of state laws and a consumer private right of action.

Applicability

Covered entities subject to the APRA include companies under the jurisdiction of the Federal Trade Commission (FTC). Additionally, the APRA explicitly includes nonprofit organizations. It defines other covered entities subject to heightened requirements, including data brokers and large data holders....

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