Americans Deserve More Than the Current American Privacy Rights Act

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EFF is concerned that a new federal bill would freeze consumer data privacy protections in place, by preempting existing state laws and preventing states from creating stronger protections in the future. Federal law should be the floor on which states can build, not a ceiling.

We also urge the authors of the American Privacy Rights Act (APRA) to strengthen other portions of the bill. It should be easier to sue companies that violate our rights. The bill should limit sharing with the government and expand the definition of sensitive data. And it should narrow exceptions that allow companies to exploit our biometric information, our so-called “de-identified” data, and our data obtained in corporate “loyalty” schemes.

Despite our concerns with the APRA bill, we are glad Congress is pivoting the debate to a privacy-first approach to online regulation. Reining in companies’ massive collection, misuse, and transfer of everyone’s personal data should be the unifying goal of those who care about the internet. This debate has been absent at the federal level in the past year, giving breathing room to flawed bills that focus on censorship and content blocking, rather than privacy.

In general, the APRA would require companies to minimize their processing of personal data to what is necessary, proportionate, and limited to certain enumerated

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