Proposed American Privacy Rights Act
4/30/2024
On April 7, 2024, the U.S. Senate Committee on Commerce, Science, & Transportation issued a press release about the proposed American Privacy Rights Act. “This comprehensive draft legislation sets clear, national data privacy rights and protections for Americans, eliminates the existing patchwork of state comprehensive data privacy laws and establishes robust enforcement mechanisms to hold violators accountable, including a private right of action for individuals.” In short summary, the proposed law (i) establishes foundational uniform national data privacy rights for Americans, (ii) gives Americans the ability to enforce their data rights, (iii) protects Americans’ civil rights, (iv) holds companies accountable and establishes strong data security obligations, and (v) focuses on the business of data, not Mainstreet business. Under the bill, covered data is “information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked or reasonably linkable to one or more individuals” residing in the US. Sensitive covered data includes, among other data, government identifiers. A covered entity under the bill is any entity that determines the purpose and means of collecting, processing, retaining, or transferring covered data and is subject to the FTC Act, including common carriers and certain nonprofits.
Click Here to read the entire April 2024 Healthcare Law Update now!
For additional information or for assistance with your organization’s privacy and security program, contact:
Lani M. Dornfeld, CHPC | 973.403.3136 | ldornfeld@bracheichler.com
