Akin Gump published a client alert on two separate privacy proposals introduced in the Senate at the end of last month. On Tuesday, November 26, Sen. Maria Cantwell (D-WA), Ranking Member of the Senate Commerce, Science, and Transportation Committee introduced the Consumer Online Privacy Rights Act. If passed, it would grant consumers a number of rights, subject to enforcement from the Federal Trade Commission and state attorneys general. The bill contains a private right of action, which has emerged as a controversial provision in privacy negotiations. As the top Democrat on the Senate Commerce Committee, which has primary jurisdiction over privacy-related issues, Ranking Member Cantwell’s proposal marks the first introduction of a comprehensive privacy proposal in the Senate, which has been the chamber leading the charge for comprehensive legislation. On Thursday, November 28, Sen. Roger Wicker (R-MS) released a discussion draft of his long-anticipated privacy proposal, the United States Consumer Data Privacy Act of 2019. The bill deviates from Ranking Member Cantwell’s proposal by preempting state privacy laws, and declining to provide for a private right of action. The bill also contains exemptions from the new consumer protections for aggregated data and internal research to improve or develop products, services or technology. To read the full alert, please click here.
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Dec '19