The U.S. has long trailed Europe in terms of privacy and control that citizens have over how companies handle their data. The GDPR in Europe sets a high bar for corporations, allowing individuals considerable power to dictate the usage of their personal data, promoting transparency and accountability.

In contrast, the U.S. has faced challenges in implementing a unified framework offering similar protections. The introduction of the American Privacy Act is a significant step toward aligning U.S. data privacy standards more closely with Europe’s GDPR. This move not only enhances the control and privacy of U.S. citizens but also positions the U.S. as a more robust participant in the global dialogue on data protection.

What is the American Privacy Act?

As a proposed legislation, the American Privacy Act aims to set the first comprehensive consumer data privacy standards for the United States. Different states, such as California’s Consumer Privacy Act (CCPA) and the New York Shield Act, have attempted to set privacy standards. Still, these regulations are limited to protecting only the citizens of their respective states.

By aiming for national standardization, the Act seeks to establish uniform privacy laws across all states, significantly streamlining compliance and enforcement processes. This uniformity is crucial as it preempts existing and future state privacy laws, creating a consistent regulatory environment nationwide.

The Act is centered on the principles of data minimization and consumer rights enhancement. It focuses on limiting the collection and use of personal data while significantly bolstering consumer rights to access, correct, delete, and control their personal information. Such measures strongly align with consumer sentiment and growing concerns about storing, sharing, and protecting their data.

The FTC (Federal Trade Commission) is tasked in this act with enforcing the proposed standards, leveraging state attorneys general and provisions for private rights of action. This comprehensive approach is similar to the one taken by GDPR to ensure that the principles of the Act are not merely theoretical but are actively upheld.

Why Do We Need the American Privacy Act?

The American Privacy Act is a necessary reform in an era of increasing prevalence of digital data breaches and misuse. It aims to significantly enhance consumer protections by allowing individuals greater control over their personal information. Existing national privacy laws are ill-suited to this task. Some are targeted only toward specific industries, such as finance or healthcare, while others were created well before the rise of the Internet.

The American Privacy Act addresses a critical need for privacy that addresses the current state of privacy. It takes into account that organizations have greatly expanded their digital footprints and collected massive volumes of consumer data with little regard for privacy. Considering the massive number of high-volume breaches, including credit agencies, affecting over 100 million victims, there is a need for stronger controls than a year of credit monitoring and a paltry settlement check.

By harmonizing regulations across states, the Act simplifies business compliance and ensures uniform privacy protections nationwide, irrespective of geographical differences. If passed, it will help modernize U.S. privacy laws to better fit contemporary challenges and strengthen enforcement mechanisms, forcing U.S. businesses to take data privacy seriously.

Does the American Privacy Act Eliminate Other State Rules?

The American Privacy Act introduces federal preemption, superseding conflicting state privacy and data security laws. This standardizes privacy protections across the U.S. but may restrict the ability of states to enact stronger regulations. However, this preemption has notable exceptions, particularly for state laws that address consumer protection, civil rights, data breach notifications, and specific areas such as employee, student, and health data privacy, which remain in effect.

States will still continue to play a crucial role in enforcing these regulations. State attorneys general, for instance, have the authority to enforce the Act and can take legal action against non-compliant entities. Existing state laws like CCPA or Illinois’s Biometric Information Privacy Act (BIPA) will still be effective, especially in areas not fully covered by federal law.

Additionally, the FTC is expected to provide further guidance to clarify the interaction between federal and state laws, aiding businesses in navigating these overlapping frameworks. This dual structure ensures robust consumer protection while maintaining the flexibility to address local concerns.

Understanding the Core Provisions

As we delve into the specifics of the American Privacy Act of 2024, it’s crucial to understand the core provisions that set the framework for this transformative legislation. The Act introduces a comprehensive approach to data privacy that affects all levels of data interaction, from collection to processing. These foundational elements are designed to protect consumer data and streamline how data privacy is managed across various platforms and states. Next, we’ll explore these provisions in detail, examining how they aim to minimize data misuse, enhance transparency, and empower consumers.

Data Minimization

One of the act’s core tenets is enforcing a data minimization principle among covered entities. It mandates that only the necessary data to provide services or products can be collected. This approach enhances privacy and aligns with a growing demand for a data economy in business operations.

The act also stipulates that entities must secure explicit consent before collecting or using sensitive data, such as biometric or genetic information. This area is of particular concern for many consumers as this data could be used for fraud, as in the case of sensitive data, or may expose susceptibility to certain diseases, such as genetic information.

The Act balances businesses’ operational needs with individuals’ privacy rights by limiting data collection to the essentials and requiring consent for sensitive information.

Transparency

To facilitate this minimization process, transparency is paramount, mandating that entities maintain clear and easily accessible privacy policies. These policies are crucial for informing consumers about how their data is collected, processed, retained, and shared. Specifically, the policies must clearly outline the types of data collected, the duration of data retention, and the details of data usage and sharing practices. This ensures that consumers are well-informed about the lifecycle of their personal data and the privacy measures to protect it, fostering greater trust and accountability between consumers and entities.

Consumer Controls Over Covered Data

The American Privacy Act grants consumers extensive control over their personal data, similar to the control given by GDPR. It moves away from the existing black box of data storage that most organizations operate under and allows consumers the visibility to correct problems. By empowering consumers to access and correct their data, it ensures they can rectify inaccuracies, reflecting a commitment to data accuracy and personal privacy.

Additionally, consumers gain the right to delete their data or request its export in a usable format, allowing them to manage their digital footprint effectively. These provisions give consumers substantial authority over how their data is handled, promoting greater transparency and trust between consumers and entities.

Opt-Out Rights and Centralized Opt-Out Mechanism

As part of this act, consumers would gain robust opt-out rights, enhancing their control over personal data use, especially in scenarios such as targeted advertising. To streamline this process, the FTC facilitates a centralized mechanism that simplifies how consumers manage their opt-out preferences. This system ensures that consumers can easily navigate their privacy choices, rather than having to navigate likely complex or unique interfaces provided by every company that stores their data. A move like this would significantly boost the transparency and user-friendliness of privacy settings across various data-utilizing platforms.

Prohibitions on Data Discrimination

In another move modeled after the GDPR, the American Privacy Act includes strict provisions against data discrimination, ensuring that personal data cannot be used to discriminate against consumers based on race, gender, and other protected characteristics. This means entities cannot use personal information to unfairly differentiate pricing, service offerings, or product access. This change could significantly impact how services that previously leveraged demographic information for customization, such as targeted advertising and personalized marketing, operate, pushing them towards more privacy-conscious strategies.

Data Security and Protection

According to the proposed act, entities must adopt data security practices commensurate with the sensitivity and volume of the data they process. This includes implementing measures such as encryption, secure data storage, and regular security assessments to prevent data breaches and unauthorized access.

These requirements are designed to align with the latest industry best practices, such as using multi-factor authentication and regular updates to security protocols. This ensures that entities not only meet but strive to exceed the standard practices. Organizations will be forced to focus more on the need for data security and take a proactive stance against emerging cyber threats.

Enforcement

The enforcement of the American Privacy Act is a multi-tiered approach involving the FTC, state attorneys general, and individual consumers. The FTC plays a central role in overseeing compliance and has the authority to levy fines against entities that fail to adhere to the Act’s stipulations.

Beyond federal oversight, state attorneys general are empowered to initiate legal actions against non-compliant organizations, further strengthening the enforcement framework. Individual consumers also have the right to pursue actions, enhancing accountability through governmental and private channels.

While this enforcement approach is unique for the U.S., it strongly mirrors that of the GDPR. It ensures that penalties are imposed for non-compliance, with redress available to consumers harmed by violations of the Act, adding the teeth necessary to get companies to comply.

Preparing for Privacy Alongside the American Privacy Act

With new privacy laws on the horizon, organizations need to improve how they handle and protect sensitive data. Votiro’s Zero Trust Data Detection and Response (DDR) platform proactively defends against file-based threats and manages real-time privacy and compliance from a single platform. Votiro also provides in-depth data analytics (common entry points, file types, targeted users, etc.) to better inform security teams of emerging and ongoing digital threats while preparing them for future attack methodologies.

Votiro’s Zero Trust DDR technology enhances data security by sanitizing sensitive data as it travels through various channels like file sharing, emails, and collaboration platforms. It effectively detects and masks sensitive information in real-time according to predefined organizational rules. This process helps prevent data leaks and breaches, while ensuring that organizations and security teams maintain robust control over their data defenses.

To learn more about Votiro’s Data Detection and Response capabilities and how they can keep you compliant to the American Privacy Act and other regulations, sign up for a one-on-one demo of the platform. You can also try it free for 30 days and see for yourself how Votiro can proactively defend your PII, PCI, and PHI in 2024 and beyond.