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American Privacy Rights Act: A first glance at the US Congress's newest comprehensive privacy bill
Journal of Data Protection & Privacy,
6
(4),
375-391
(2024)
Abstract
The recently introduced the American Privacy Rights Act (APRA) represents the latest attempt to pass a comprehensive federal privacy law in the US that would vern privacy generally across the country. The draft bill proposes novel compromises on controversial topics such as federal pre-emption and rights of private action, which need refinement and are likely to be changed in the legislative process. The attempt to cover not-for-profit entities without accounting for their different purposes seems ill conceived and raises constitutional concerns. This paper examines the APRA in its constitutional, historical and policy contexts.
Keywords: APRA; American Privacy Rights Act; pre-emption; right of private action; CCPA; GDPR; data privacy; consumer privacy; United States; federal; DSARs; transparency; privacy notice; privacy compliance
The full article is available to subscribers to the journal.
Author's Biography
Lothar Determann practises technology law at Baker McKenzie, Palo Alto, admitted in California and Germany. He teaches law at the Freie Universität Berlin and Berkeley School of Law and has authored more than 170 articles and six books including ‘Determann's Field Guide to Data Privacy Law’ (5th Edition, 2022, also available in Arabic, Chinese, French, German, Hungarian, Italian, Japanese, Korean, Portuguese, Russian, Spanish, Turkish and Vietnamese), ‘California Privacy Law — Practical Guide and Commentary on US Federal and California Law’ (5th Edition, 2023), and ‘Determann's Field Guide to Artificial Intelligence Law’ (2024).
Brian Hengesbaugh is Chair of Baker McKenzie's Global Data Privacy and Security Business Unit, Chair of the North America IPTech Practice Group and a member of the firm's Global IP Tech Steering Committee. He is listed in The Legal 500 Hall of Fame and was recognised as a Regulatory & Compliance Trailblazer by the `National Law Journal`. He is also listed as a leading lawyer for cyber law (including data protection and privacy) in The Legal 500 and is ranked by Chambers. Brian provides advice on global data privacy, cybersecurity, artificial intelligence (AI), ad tech/social media and other data-related legal and regulatory issues. He focuses on these issues in the context of: (i) advisory matters, such as data privacy, cybersecurity and emerging AI laws and regulations (eg GDPR, CCPA, State Privacy Laws, NY DFS Cybersecurity Regulation, HIPAA, GLBA NIST AI Framework, EU AI Act, NIS2 and others), as well as technology transformations related to artificial intelligence, IoT, blockchain, synthetic data, mobile, cloud, data monetisation and other initiatives; (ii) transactional matters, such as mergers and acquisitions, sourcing, distributor, business partner and other third party arrangements; and (iii) crisis matters such as cybersecurity incidents, regulatory and governmental inquiries related to privacy and security issues, internal investigations and litigation-related matters.
Avi Toltzis is a knowledge lawyer in Baker McKenzie's Intellectual Property and Technology practice.
