House, Senate commerce chairs release bipartisan privacy bill

[BumRushDaShow]

Source: The Hill

04/07/24 6:30 PM ET


Commerce Committee chairs in the House and Senate released a bipartisan bill Sunday evening that aims to protect Americans’ personal data online. Sen. Maria Cantwell (D-Wash.) and Rep. Cathy McMorris Rodgers (R-Wash.) unveiled the American Privacy Rights Act on Sunday that would set “clear, national data privacy rights and protections for Americans.” It will preempt states’ data privacy laws and will establish a way for Americans to sue those who violate privacy laws.

The lawmakers said the deal ends a yearslong effort to reach a compromise on data privacy in Congress. “This bipartisan, bicameral draft legislation is the best opportunity we’ve had in decades to establish a national data privacy and security standard that gives people the right to control their personal information,” the lawmakers said in a joint statement. “This landmark legislation represents the sum of years of good faith efforts in both the House and Senate.”

“It strikes a meaningful balance on issues that are critical to moving comprehensive data privacy legislation through Congress. Americans deserve the right to control their data and we’re hopeful that our colleagues in the House and Senate will join us in getting this legislation signed into law,” they continued.

The legislation, if enacted, will set one national privacy standard that the lawmakers said is “stronger” than any state’s existing laws. It will give Americans more control over their personal data, including allowing them to prevent a company from transferring or selling its data.

Read more: https://thehill.com/policy/technology/4579903-house-senate-commerce-chairs-release-bipartisan-privacy-bill/

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Link to bill SUMMARY (PDF) - The American Privacy Rights Act of 2024

[dutch777]

1. A good step.. I worry about what constitutes "consumer affirmative consent" if that can just be buried in Terms...

...and Conditions that are miles long and no one reads. I would like an addition that anyone that has your SSN other than the Feds has to inform you they have that on record and will allow you to have it struck from their records. That is a key to much fraud and abuse.

[24601]

2. I'd prefer the law instead invest Name, Image and Likeness (NIL) rights with each individual, similar to the evolution

in the sports world. Additional data protected would be email addresses and phone numbers.

If a company makes any income from unlicensed use, especially including the sale of anyone's NIL to a third party for any purpose, that income rightfully belongs to that individual. Damages for unauthorized NIL use would be the greater of the derived income or $1000 per use.

Example: I buy an anvil online from ACME, which then shares my email address ([e-mail]) with four other companies without my express consent.

If they receive no income, ACME now must pay me $4000.

If one of the companies pays them $2000 for my email, ACME owes me $5000, which is $2000 for the income they received plus $3000 for the three times my email was shared without any derived income.