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Understanding The American Data Privacy and Protection Act (ADPPA)

The American Data Privacy and Protection Act (ADPPA) is a proposed federal law in the United States that would establish comprehensive privacy protections for consumers. The bill was introduced in the House of Representatives in June 2022 and is currently under consideration. Its objective is to provide consumers with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement.

The ADPPA would define "covered data" as any information that identifies, links, or is reasonably linkable to an individual. It would require covered entities to:

  • Limit the collection, processing, and transfer of covered data to that which is reasonably necessary to provide a requested product or service.

  • Obtain affirmative express consent from individuals before transferring their covered data to third parties.

  • Provide individuals with the right to access, correct, and delete their covered data.

  • Allow individuals to opt out of targeted advertising.

  • Provide additional protections for the covered data of children under the age of 17.

  • Prohibit covered entities from using covered data to discriminate against individuals based on certain protected characteristics.

  • The ADPPA would also establish the Federal Privacy Commission, an independent agency that would be responsible for enforcing the law. The Commission would have the power to investigate and bring enforcement actions against covered entities that violate the law.

The ADPPA is the most comprehensive federal privacy bill that has been proposed in the United States. If it is passed, it would provide significant new privacy protections for consumers.

Here are some of the key provisions of the ADPPA:

  • Data minimization: The ADPPA would require covered entities to minimize the amount of covered data they collect and use. This means that companies would only be able to collect and use data that is necessary for the specific purpose for which it was collected.
  • Consent: The ADPPA would require covered entities to obtain affirmative express consent from individuals before collecting, using, or sharing their covered data. This means that companies would not be able to collect or use data without the explicit permission of the individual.
  • Transparency: The ADPPA would require covered entities to provide individuals with clear and concise information about how their covered data is being collected, used, and shared. This information would include the purpose for which the data is being collected, the types of third parties with whom the data is being shared, and the individual's rights with respect to their data.
  • Access, correction, and deletion: The ADPPA would give individuals the right to access, correct, and delete their covered data. This means that individuals would be able to see what data companies have collected about them, make changes to that data if it is inaccurate, and have the data deleted if they no longer want it to be used.
  • Targeted advertising: The ADPPA would give individuals the right to opt out of targeted advertising. This means that individuals would be able to tell companies that they do not want their data to be used to target them with ads.
  • Children's privacy: The ADPPA would provide additional protections for the covered data of children under the age of 17. This includes requiring parental consent for the collection and use of children's data and prohibiting the use of children's data for certain purposes, such as targeted advertising.
  • Enforcement: The ADPPA would establish the Federal Privacy Commission, an independent agency that would be responsible for enforcing the law. The Commission would have the power to investigate and bring enforcement actions against covered entities that violate the law.

The ADPPA is a significant piece of legislation that would provide much-needed privacy protections for consumers in the United States. If it is passed, it would help to ensure that companies are transparent about how they collect and use our data, and that we have control over our own personal information.