eff.org,
Fri 07/22:
Americans Deserve More Than The Current American Data Privacy Protection Act
EFF is disappointed by the latest draft of the American Data Privacy Protection Act, or the ADPPA (H.R. 8152), a federal comprehensive data privacy bill. EFF opposes rolling back state privacy protections to meet a lower federal standard. But states have been the engine for movement on privacy for years. The Bill Needs Stronger Individual Rights to Fight Back EFF long has argued that data privacy bills must include strong private rights of action, which allow people to sue companies that violate their privacy. Many companies hate private rights of action: they don’t want you to have your day in court. So protection from forced arbitration is central to our approach to data privacy legislation. People also should be able to recover liquidated damages and punitive damages. Individual lawsuits are important, but often require people to first marshal substantial resources; each additional roadblock makes this remedy less accessible. New Major Loopholes We are also concerned about newly accepted amendments to the bill that address data flows between companies such as Clearview AI or ID.me and the government. Specifically, the bill may treat these companies as "service providers"-defined in the ADPPA as companies that collect or process information for government entities-and gives these companies much more leeway than it should. But lawmakers must not squander this opportunity by passing something insufficient that also prevents progress for years to come.
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