December 1, 2022

Volume XII, Number 335

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Passage of Federal Privacy Bill Remains Possible This Year, Remains a Continued Priority

Several developments this week underscored the continued importance of a bill that has been introduced to implement uniform privacy federal privacy standards.

First, the Government Accountability Office (GAO) reported that enacting a comprehensive national privacy law was an imperative of Congress in light of businesses collecting ever-increasing amounts of consumer data. In the view of the GAO, this data collection, combined with rapid technological advancement, raises ongoing concerns pertaining to privacy and the potential for bias, among others. The GAO attributes these concerns to the absence of a broad national privacy law.

Second, House Committee on Energy and Commerce Chairman Frank Pallone (D-N.J.) expressed optimism that a federal privacy law can be enacted before the end of the year, despite the challenges ahead. In July, H.R. 8152, American Data Privacy and Protection Act (ADPPA) was favorably reported out of the Committee. If enacted, the ADPPA would codify several privacy best practices into federal law. It would require, among other things, that businesses limit the collection, processing, and transfer of “covered data” to that which is “reasonably necessary, proportionate, and limited to” provide products or services to the individual, communicate with the individual, or perform another purpose permitted by the legislation. Sec. 101(a).

California Democrats, including House Speaker Nancy Pelosi, have opposed the legislation due to their expressed concern that it would undermine already enacted California privacy laws. Chairman Pallone will be meeting with the Speaker to discuss these concerns.

With the House (and the Senate) having adjourned for the November elections, action on the legislation in the House will not likely occur until Congress returns for a post-election “lame duck” session. And then the potentially even bigger challenge awaits when the bill reaches the Senate.

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume XII, Number 273
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About this Author

Kristin L. Bryan Litigation Attorney Squire Patton Boggs Cleveland, OH & New York, NY
Senior Associate

Kristin Bryan is a litigator experienced in the efficient resolution of contract, commercial and complex business disputes, including multidistrict litigation and putative class actions, in courts nationwide.

She has successfully represented Fortune 15 clients in high-stakes cases involving a wide range of subject matters.

As a natural extension of her experience litigating data privacy disputes, Kristin is also experienced in providing business-oriented privacy advice to a wide range of clients, with a particular focus on companies handling customers’ personal data. In this...

216-479-8070
Jeffrey L. Turner, Squire Patton, Congressional Investigations Lawyer, Business Advances Attorney
Partner

As head of the firm’s Public Policy Practice, Jeff Turner works with domestic and international clients to advance their business objectives. Collaborating with colleagues, they help block harmful legislation and regulations, they encourage Congress and regulatory agencies to adopt favorable legislation and regulations, and they navigate the challenges of congressional investigations. He also is responsible for the day-to-day operations of the Public Policy Practice.

Jeff focuses much of his practice on public policy issues related to...

202-457-6434
Beth Goldstein, Health care Attorney Squire Patton Boggs
Associate

Beth Goldstein draws from a multifaceted background in health law and policy to counsel clients on legislative, regulatory, and legal matters relating to the health care sector.

Beth formed a deep understanding of Congress by serving for four years on the legislative staff of a committee in the U.S. House of Representatives, where she assisted the chairman in shepherding legislation through all stages of the legislative process, including a presidential veto override. Beth worked with outside stakeholders and across chambers to build strategic...

202-457-5129
Kyle R. Fath Cybersecurity Attorney Squire Patton Boggs New York Los Angeles
Of Counsel

Kyle Fath is counsel in the Data Privacy & Cybersecurity Practice. He offers clients a unique blend of deep experience in counselling companies through compliance with data privacy laws, drafting and negotiating technology agreements, and advising on the privacy, IT, and IP implications of mergers & acquisitions and other corporate transactions. His practice has a particular focus on the the ingestion and sharing of data by way of strategic data transactions, data brokers, and vendor relationships, the implications of digital advertising (as companies look toward...

212-872-9863
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