American Privacy Rights Act: A first glance at the US Congress's newest comprehensive privacy bill

Lothar Determann, Brian Hengesbaugh and Avi Toltzis
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Lothar Determann: Baker McKenzie, USA
Brian Hengesbaugh: Partner & Chair, NA IP & Technology Practice, Baker McKenzie, USA
Avi Toltzis: Knowledge Lawyer, Intellectual Property and Technology, Baker McKenzie, USA

Journal of Data Protection & Privacy, 2024, vol. 6, issue 4, 375-391

Abstract: The recently introduced the American Privacy Rights Act (APRA) represents the latest attempt to pass a comprehensive federal privacy law in the US that would vern privacy generally across the country. The draft bill proposes novel compromises on controversial topics such as federal pre-emption and rights of private action, which need refinement and are likely to be changed in the legislative process. The attempt to cover not-for-profit entities without accounting for their different purposes seems ill conceived and raises constitutional concerns. This paper examines the APRA in its constitutional, historical and policy contexts.

Keywords: APRA; American Privacy Rights Act; pre-emption; right of private action; CCPA; GDPR; data privacy; consumer privacy; United States; federal; DSARs; transparency; privacy notice; privacy compliance (search for similar items in EconPapers)
JEL-codes: K2 (search for similar items in EconPapers)
Date: 2024
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