American Data Privacy and Protection Act
The source supplies the latest action, but no lifecycle stage.
Latest action (30 Dec 2022): Placed on the Union Calendar, Calendar No. 488.
What this bill does
H.R. 8152, the American Data Privacy and Protection Act, aims to establish foundational data privacy rights for consumers and create oversight and enforcement mechanisms. The bill would define consumer rights related to their data, including awareness, transparency, and control. It would also set forth duties for companies regarding data minimization, privacy by design, and loyalty to individuals.
The legislation would affect individuals by granting them more control over their personal information and how it is collected, processed, and transferred by entities. It would also place new obligations on "covered entities" – typically businesses subject to the Federal Trade Commission Act or common carriers – concerning their data handling practices, particularly for sensitive data and information related to minors.
This bill was introduced in the House of Representatives in June 2022. In July 2022, it was ordered to be reported with amendments by a vote of 53-2. However, according to the official CRS summary, the bill did not receive a vote in that session of Congress. The next step for a bill ordered reported would typically be consideration by the full House.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
American Data Privacy and Protection Act
This bill establishes requirements for how companies, including nonprofits and common carriers, handle personal data, which includes information that identifies or is reasonably linkable to an individual.
Specifically, the bill requires most companies to limit the collection, processing, and transfer of personal data to that which is reasonably necessary to provide a requested product or service and to other specified circumstances. It also generally prohibits companies from transferring individuals' personal data without their affirmative express consent.
The bill establishes consumer data protections, including the right to access, correct, and delete personal data. Prior to engaging in targeted advertising, the bill requires companies to provide individuals with a means to opt out of such advertising. The bill also provides additional protections with respect to personal data of individuals under the age of 17. It further prohibits companies from using personal data to discriminate based on specified protected characteristics.
Additionally, companies must implement security practices to protect and secure personal data against unauthorized access, and the Federal Trade Commission (FTC) may issue regulations for complying with this requirement.
The bill provides for enforcement of these requirements by the FTC and state attorneys general. Beginning two years after the bill takes effect, individuals may, subject to certain notification requirements, bring civil actions for violations of the bill.
Finally, the bill preempts state laws that are covered by the provisions of the bill except for certain categories of state laws and specified laws in Illinois and California.
Timeline
30 Dec 2022
Placed on the Union Calendar, Calendar No. 488.
Common questions
- What does H.R. 8152 do?
- H.R. 8152, the American Data Privacy and Protection Act, aims to establish foundational data privacy rights for consumers and create oversight and enforcement mechanisms. The bill would define consumer rights related to their data, including awareness, transparency, and control. It would also set forth duties for companies regarding data minimization, privacy by design, and loyalty to individuals. The legislation would affect individuals by granting them more control over their personal information and how it is collected, processed, and transferred by entities. It would also place new obligations on "covered entities" – typically businesses subject to the Federal Trade Commission Act or common carriers – concerning their data handling practices, particularly for sensitive data and information related to minors. This bill was introduced in the House of Representatives in June 2022. In July 2022, it was ordered to be reported with amendments by a vote of 53-2. However, according to the official CRS summary, the bill did not receive a vote in that session of Congress. The next step for a bill ordered reported would typically be consideration by the full House.
- Has H.R. 8152 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 8152. Check the latest action and official source below.
- Who sponsored H.R. 8152?
- H.R. 8152 was sponsored by Rep. Pallone, Frank, Jr. [D-NJ-6] (D-NJ), with 3 cosponsors.
- What's the latest action on H.R. 8152?
- Placed on the Union Calendar, Calendar No. 488. (30 Dec 2022).
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