*
American Privacy Rights Act allows data access, deletion,
and
opt-out of targeted ads
*
Tech industry seeks stronger federal pre-emption to avoid
state-level regulations
*
Privacy advocates worry the legislation as proposed will
hinder
state responses to emerging tech
By Moira Warburton
WASHINGTON, June 26 (Reuters) - A drive for the United
States' first major data privacy legislation has bipartisan
support in the divided Congress ahead of a House of
Representatives committee hearing on Thursday, though it faces
criticism from businesses and privacy advocates.
The American Privacy Rights Act, cosponsored by Democratic
Senator Maria Cantwell and Republican Representative Cathy
McMorris Rodgers, sets a national data privacy standard that
would allow people to request access to and delete their data
held by companies, and opt out of targeted advertising. It would
also create a national data broker registry.
The U.S. lags other countries and alliances in creating such
protections. The European Union's General Data Protection
Regulation, which many experts consider the gold standard for
data privacy, has been in effect since 2018.
A coalition of industry groups - including the U.S. Chamber
of Commerce and TechNet, an advocacy group representing tech
CEOs - sent a letter to Rodgers and Cantwell in early June
arguing the proposed federal legislation lacks safeguards that
would prevent individual U.S. states from adding their own
restrictions on top of the national policy.
"The key is to get a single unified national standard
without enabling states to regulate on top of the national
standard," said Jordan Crenshaw, senior vice president of the
U.S. Chamber of Commerce's Technology Engagement Center.
As it stands, "we are seeing deficiencies that would
effectively make this bill a national floor," Crenshaw said,
upon which states could layer their own data privacy
requirements.
Privacy advocates argue the opposite - that the bill would
block states from responding to emerging technology.
"Federal legislators are getting pushed to the table because
of all this regulation that's happening at the state level,"
said Mario Trujillo, staff attorney for the Electronic Frontier
Foundation, a digital civil liberties nonprofit. "If you take
away the state law, in 20 years there's not going to be this
groundswell of pressure."
Privacy experts argue that federal pre-emption could negate
the "California effect" - a phenomenon where California, the
country's biggest state by population, spearheads regulations
that are adopted by other states and the federal government over
time.
"Setting anything into amber is a net negative for everyone,
given the rate at which technology is emerging," Ashkan Soltani,
executive director of the California Privacy Protection Agency,
said in an interview.
Democratic Representative Suzan DelBene, who represents a
Washington state district including parts of Seattle, where
Amazon.com ( AMZN ) and other tech giants have their
headquarters, said she supports the bill.
"Right now we have a patchwork of state laws that makes it
untenable, especially for small businesses, to be able to keep
up," DelBene said.