Latest Privacy Bill Is Not the Right Compromise for America, Says ITIF

WASHINGTON—Following the release of the American Privacy Rights Act (APRA), the Information Technology and Innovation Foundation (ITIF), the leading think tank for science and technology policy, issued the following statement from Senior Policy Manager Ashley Johnson:

As more states pass privacy laws that add to an increasingly complicated patchwork of regulation, Congress needs to act fast to set a national standard that addresses concrete privacy harms without hindering innovation. While the APRA has reinvigorated discussion and debate that could lead to meaningful action that is long overdue, in its current state, it is not the compromise America needs.

The APRA attempts to strike a compromise on key issues, with mixed results. The bill incorporates certain provisions from existing state privacy laws and gives state attorneys general joint enforcement power along with the Federal Trade Commission. On the plus side, the APRA would preempt state laws to set a national standard. But on the minus side, the bill also includes a private right of action that is much broader than previous privacy bills. If passed into law, this would likely be the new bill’s most expensive provision.

Now that privacy is once again at the center of debate, Congress should continue to make it a top priority in order to pass a law before even more states add to the growing patchwork of legislation in America. APRA needs significant changes to strike a balance that brings the greatest benefit to consumers, businesses, and the economy. But if the bill’s bipartisan cosponsors are open to further compromise, it could reach that balance in the near future.