Reps Eshoo and Lofgren Reintroduce Sweeping Privacy Legislation

Reps Anna Eshoo (D-CA) and Zoe Lofgren (D-CA) reintroduced the Online Privacy Act, legislation that creates user data rights, places limitations and obligations on companies collecting and using user data, and establishes the Digital Privacy Agency (DPA) to enforce privacy laws. The updated legislation includes several improved provisions and additional privacy protections, including adding an Office of Civil Rights in the DPA and authorizing state privacy regulators to enforce the legislation alongside state attorneys general. Major provisions of the Online Privacy Act include:

• Creating User Rights – The bill grants every American the right to access, correct, or delete their data. It also creates new rights, like the right to impermanence, which lets users decide how long companies can keep their data.
• Placing Clear Limits and Obligations on Companies – The bill minimizes the amount of data companies collect, process, disclose, and maintain, and bars companies from using data in discriminatory ways. Additionally, companies must receive consent from users in plain, simple language.
• Establishing a Digital Privacy Agency (DPA) – The bill establishes an independent agency led by a Director that’s appointed by the President and confirmed by the Senate for a six-year term. The DPA will enforce privacy protections and investigate abuses.
• Strengthening Enforcement – The bill empowers state attorneys general to enforce violations of the bill and allows individuals to appoint nonprofits to represent them in private class action lawsuits.