OTI Welcomes the New Comprehensive Federal Privacy Bill

In response to Senator Maria Cantwell (D-Wash.) and Representative Cathy McMorris Rodgers (R-Wash.) unveiling the American Privacy Rights Act, the Open Technology Institute, a New America program fostering equitable access to digital technology and its benefits, issued the following statement from David Morar, Senior Policy Analyst at OTI:

OTI has long advocated for a comprehensive federal privacy law, which—beyond data protection—is necessary for national security, governing AI, and holding platforms accountable. We are pleased that this bill has reinvigorated public discussion about protecting Americans’ fundamental right to privacy and heartened to see the two Chairs of the House and Senate Commerce Committees take such a significant first step.

The American Privacy Rights Act (APRA) is broadly based on the American Data Privacy and Protection Act of 2022 (ADPPA). Like the ADPPA, the APRA includes the necessary pillars of sound privacy legislation—strong data minimization principles; online civil rights protections; universal opt outs; a private right of action; and privacy rights, like users’ ability to view, correct, export, or delete their data and stop its sale or transfer.

But there are notable differences between the two pieces of legislation that need close evaluation. For example, the APRA goes further than the ADPPA in strengthening both the private right of action and preemption provisions, and it does not include the ADPPA’s children’s privacy provisions.

OTI looks forward to continuing the deep analysis of this bill and consultations with congressional offices, FTC staff, and other stakeholders involved in American data privacy so that we can finally ensure a digital future that protects our fundamental rights.