Congress Receives Groundbreaking Privacy Legislation Promising Stronger Consumer Rights

The newly proposed American Privacy Rights Act (APRA), introduced in Congress, signifies a pivotal shift towards enhancing online data privacy in the United States. Senator Maria Cantwell, alongside Representative McMorris Rodgers, has championed this bipartisan initiative, which is distinct from previous proposals like the ADPPA of 2022, by providing robust consumer rights, including the ability to sue for privacy violations. This bill emphasizes the necessity of consumer consent before data collection and restricts how businesses use the collected data, aligning with key aspects of California’s and Illinois’ biometric data laws.

The APRA proposes significant restrictions on the data that companies can collect, use, and store — only allowing what is essential for service provision. It also mandates annual reviews of data algorithms to prevent discrimination and holds company executives accountable for privacy breaches. Furthermore, the bill offers individuals the "right to be forgotten," enabling them to demand data deletion and opt-out of targeted advertising, echoing Europe’s GDPR principles.

The introduction of a private right of action is a notable feature, allowing consumers to initiate lawsuits against firms that fail to adhere to the privacy standards set by the law. This provision underscores a shift towards giving consumers more control and legal recourse over their data. As discussions around the APRA continue, its passage could lead to the establishment of a national data privacy standard, a significant advancement from the fragmented state-specific privacy laws currently in place.