The American Privacy Rights Act of 2024 would set clear data privacy rights and establish robust enforcement mechanisms. The bipartisan effort was introduced by House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA).

“It reins in Big Tech by prohibiting them from tracking, predicting, and manipulating people’s behaviors for profit without their knowledge and consent,” said McMorris Rodgers.

“A federal data privacy law must do two things: it must make privacy a consumer right, and it must give consumers the ability to enforce that right,” said Cantwell.

Per the legislation, the uniform national data privacy rights would:

  • Eliminates the patchwork of state laws by setting one national privacy standard, stronger than any state. 
  • Minimizes the data that companies can collect, keep, and use about people, of any age, to what companies need to provide them products and services. 
  • Gives Americans control over where their personal information goes, including the ability to prevent the transfer or selling of their data. The bill also allows individuals to opt out of data processing if a company changes its privacy policy. 
  • Provides stricter protections for sensitive data by requiring affirmative express consent before sensitive data can be transferred to a third party.
  • Requires companies to let people access, correct, delete, and export their data.
  • Allows individuals to opt out of targeted advertising.

It would hold companies accountable:

  • Mandates strong data security standards that will prevent data from being hacked or stolen. This limits the chances of identity theft and harm.
  • Makes executives take responsibility for ensuring that companies take all actions necessary to protect customer data as required by the law.
  • Ensures individuals know when their data has been transferred to foreign adversaries.
  • Authorizes the Federal Trade Commission, States, and consumers to enforce against violations. 

And protect civil rights:

  • Stops companies from using people’s personal information to discriminate against them.
  • Allows individuals to opt out of a company’s use of algorithms to make decisions about housing, employment, healthcare, credit opportunities, education, insurance, or access to places of public accommodation.
  • Requires annual reviews of algorithms to ensure they do not put individuals, including our youth, at risk of harm, including discrimination.

Small businesses that do not sell customer’s personal information would be exempt.