September 25, 2022

Volume XII, Number 268

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September 23, 2022

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September 22, 2022

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House Committee Passes Comprehensive Federal Privacy Legislation

On July 20, 2022, the U.S. House of Representatives Committee on Energy and Commerce (the “Committee”) passed H.R. 8152, the American Data Privacy and Protection Act (“ADPPA”) (as amended), by a vote of 53-2. The ADPPA next will be put before the full House for a vote.

The Committee considered and agreed to a number of amendments that, among other things:

  • Expressly authorize the California Privacy Protection Agency (“CPPA”) to enforce the ADPPA “in the same manner” the CPPA “would otherwise enforce the California Consumer Privacy Act”;

  • Change when private plaintiffs can enforce the ADPPA from four years to two years after the effective date of the ADPPA; and

  • Continue to ban targeted advertising to individuals known to be under the age of 17, but adopt different “knowledge” standards for social media companies, large data holders and other entities.

Representative Anna G. Eshoo (D-CA) also proposed an additional amendment that the Committee voted, 8-48, not to adopt. The amendment would have struck preemption provisions from the ADPPA.

There is limited time for a vote by the full House prior to Congress’ August recess. Enactment of the ADPPA also would require approval from the Senate, and, in its current form, the ADPPA would take effect 180 days after enactment.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XII, Number 207
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About this Author

In today’s digital economy, companies face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information about their customers and employees. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in today’s economy.

Hunton Andrews Kurth LLP’s privacy and cybersecurity practice helps companies manage data and...

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