On 7 April 2024, a draft of the “American Privacy Rights Act” (the Bill) was unveiled. The Bill is reported to have high level support within both parties. Although there is a long way to go, this is a very significant development in the approach to data protection in the U.S.
The Bill sets out principles which will apply to the processing of personal data, with obligations relating to data minimisation, security, oversight and transparency as well as greater protections for more sensitive data and the classification of personal data about minors under the age of seventeen as sensitive data.
There are rights for consumers, including the right of access, correction, deletion, portability as well as the right to opt out of data transfers, the use of algorithms covered by the Bill and targeted advertising.
The Federal Trade Commission will be tasked with enforcing the law and the Bill also contains a right of action for individuals, a high-profile development.
The Bill is a significant departure from the current regime and a move to a much more European style approach. Time will tell whether it can survive what is likely to be a turbulent year in American politics.
The draft bill can be found and a useful section by section summary here.
