Oof, the Prospects of That Big New Privacy Bill In Congress Look Grim

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Bipartisanship is when a markup session leads both Republicans and Democrats to torpedo a bill, as may happen with the American Data Privacy and Protection Act.

requires that large data holders that rely on algorithms in certain ways—think Meta or Google—divulge details annually about their

methods and uses for such tools. This includes describing what the company is doing to combat harms to users related to “protected characteristics,” which include by name, “race, color, religion, national origin, sex, or disability.” One of the changes sought, introduced by Rep. Debbie Lesko of Arizona, would be to also include “political viewpoints” on this list.Lesko is oddly specific about the placement.

. If they do, it’s basically like it never happened. Armstrong’s right to cure gives companies 45 days to fix a problem before any penalty. That’s a month and a half after someone informs them that they’re breaking the law, not a month and a half after they actually start breaking it.is that ADPPA not only override all existing state privacy laws, but prohibit any state from passing laws in the future that might offer greater protections than ADPPA, as several in California already do.

Like every privacy bill before it, ADPPA gets in trouble when it starts using words like “preempt.” One of the main reasons no comprehensive privacy law has been passed so far is that Congress seems incapable of passing one stronger than some existing state laws. Namely, California residents, who enjoy some of the strongest privacy safeguards in the country, don’t want those protections watered down by a federal law full of loopholes.

 

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