the State Data Privacy and Protection Act

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Americans faces a data privacy crisis. For more than two decades, without any meaningful restrictions on their business practices, powerful technology companies have built systems that invade our private lives, spy on our families, and gather the most intimate details about us for profit. Through a vast, opaque system of databases and algorithms, we are profiled and sorted into winners and losers based on data about our health, finances, location, gender, race, and other personal characteristics and habits.

Last year, in a significant step towards changing these harmful business practices, bipartisan leaders on the House Energy & Commerce Committee and Senate Commerce Committee proposed the American Data Privacy and Protection Act (ADPPA). The bill went through extensive negotiations between members of Congress of both parties, industry, civil rights groups, and consumer protection and privacy groups. ADPPA received overwhelming bipartisan support in the House Energy & Commerce Committee, where it was favorably approved on a 53-2 vote.

Unfortunately, Congress failed to enact ADPPA last session, but state legislators can now take advantage of the outcome of those negotiations by modeling a state bill on the bipartisan consensus language in ADPPA. EPIC has crafted the State Data Privacy and Protection Act to provide that opportunity.
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A version of the State Data Privacy and Protection Act has already been introduced in the Massachusetts House and Senate (SD745, HD2281), and we expect other states to introduce similar bills in the coming months.

Key provisions include: ...

Too much to quote it all. Click the link for more details:

 

EPIC Testifies in Support of Maryland Online Data Privacy Act​

February 16, 2024

John Davisson, EPIC Senior Counsel and Director of Litigation, testified before the Maryland House Economic Matters Committee in support of HB 567, the Maryland Online Data Privacy Act.

The bill includes key data minimization principles and strong civil rights protections, modeled on the American Data Privacy and Protection Act (“ADPPA”). The bill’s data minimization requirements include limiting the collection of personal data to what is reasonably necessary for the product or service consumers request and protecting sensitive data by requiring its collection and use to meet the higher standard of strictly necessary.

More:

 

Maryland Privacy Bills Pass House and Senate​

March 19, 2024

The Maryland Online Data Privacy Act (SB 541/HB 567) has passed both the House and Senate. Next, each bill will face a vote in the opposite chamber before heading to conference committee to reconcile minor differences between versions. EPIC testified in support of the bills in both the Senate and the House earlier this spring.

More:

 
The Vermont House of Representatives unanimously passed the Vermont Data Privacy Act (H.121). EPIC testified in support of the bill earlier this spring.

The bill has data minimization requirements that set meaningful limits on the amount of personal data companies can collect and use, strong civil rights protections to prohibit digital discrimination, and a private right of action that will allow consumers to hold businesses accountable for violations.

More:

 

Lawmakers unveil sprawling plan to expand online privacy protections​

April 7, 2024 at 4:00 p.m. EDT

Key federal lawmakers on Sunday unveiled a sweeping proposal that would for the first time give consumers broad rights to control how tech companies like Google, Meta and TikTok use their personal data, a major breakthrough in the decades-long fight to adopt national online privacy protections.

The bipartisan agreement, struck by Senate Commerce Committee chair Maria Cantwell (D-Wash.) and House Energy and Commerce Committee chair Cathy McMorris Rodgers (R-Wash.), marks a milestone in the congressional debate over data privacy. The issue has befuddled lawmakers despite near-universal agreement — in Silicon Valley and in Washington — on the need for federal standards to determine how much information companies can collect from consumers online.

The measure, a copy of which was reviewed by The Washington Post, would set a national baseline for how a broad swath of companies can collect, use and transfer data on the internet. Dubbed the American Privacy Rights Act, it also would give users the right to opt out of certain data practices, including targeted advertising. And it would require companies to gather only as much information as they need to offer specific products to consumers, while giving people the ability to access and delete their data and transport it between digital services.

 
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It was not immediately clear whether Rep. Frank Pallone Jr. (D-N.J.) and Sen. Ted Cruz (R-Texas), the minority leaders in Cantwell and McMorris Rodger’s committees, would back the push. Nor was it clear whether state leaders whose laws would be preempted by the measure would rally against it — something that muddled talks over privacy on Capitol Hill in the past.
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Sounds like it is not a done deal yet and it's a sausage product that is likely far from ideal.
 
The Chairs of the Joint Committee on Advanced Information Technology, the Internet, and Cybersecurity of the Massachusetts General Court, Representative Tricia Farley-Bouvier and Senator Michael Moore, announced today that the Massachusetts Data Privacy Act (“MDPA”) had been reported favorably out of Committee. If passed, the MDPA would be the strongest state privacy law in the country.

 
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