Reps Eshoo, Lofgren Introduce the Online Privacy Act, Would Establish Digital Privacy Agency

Reps Anna Eshoo (D-CA) and Zoe Lofgren (D-CA) introduced the Online Privacy Act of 2019 (HR 4978), sweeping legislation that creates user rights, places obligations on companies to protect users’ data, establishes a new federal agency to enforce privacy protections, and strengthens enforcement of privacy law violations. The Online Privacy Act protects individuals, encourages innovation, and restores trust in technology companies by:

• 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 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 five-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.