After years of debate and negotiations, a bipartisan, bicameral group of lawmakers released a draft of the American Data Privacy and Protection Act (ADPPA), a national privacy framework. This long-awaited compromise suggests such legislation could move in either this Congress or the next. In a new insight, Director of Technology and Innovation Policy Jeffrey Westling breaks down the critical components of the ADPPA, with a focus on the issues of preemption and a private right of actions.

Key points:

• ADPPA would establish new limitations on the collection and use of user data, as well as create new rights for users to access, correct, delete, and transfer their data.
• The bill attempts to navigate the major sticking points of previous privacy legislation through significant compromises on both state law preemption and a private right of action for individuals harmed by the data practices of companies; disagreement on these issues still exists, however, and could ultimately prevent passage.
• Regardless of this bill’s outcome, the ability of key legislators from both sides of the aisle to reach a compromise suggests that this draft could be the first step toward a comprehensive national privacy framework.

Read the analysis