House and Senate Leaders Release Bipartisan Discussion Draft of Data Privacy Bill

House and Senate leaders released a discussion draft of a comprehensive national data privacy and data security framework. The draft legislation is the first comprehensive privacy proposal to gain bipartisan, bicameral support. The American Data Privacy and Protection Act would:

• Establish a strong national framework to protect consumer data privacy and security;
• Grant broad protections for Americans against the discriminatory use of their data;
• Require covered entities to minimize on the front end, individuals’ data they need to collect, process, and transfer so that the use of consumer data is limited to what is reasonably necessary, proportionate, and limited for specific products and services;
• Require covered entities to comply with loyalty duties with respect to specific practices while ensuring consumers don’t have to pay for privacy;
• Require covered entities to allow consumers to turn off targeted advertisements;
• Provide enhanced data protections for children and minors, including what they might agree to with or without parental approval;
• Establish regulatory parity across the internet ecosystem; and
• Promote innovation and preserve the opportunity for start-ups and small businesses to grow and compete.