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American Privacy Rights Act: A first glance at the US Congress's newest comprehensive privacy bill

Author

Listed:
  • Determann, Lothar

    (Baker McKenzie, USA)

  • Hengesbaugh, Brian

    (Partner & Chair, NA IP & Technology Practice, Baker McKenzie, USA)

  • Toltzis, Avi

    (Knowledge Lawyer, Intellectual Property and Technology, Baker McKenzie, USA)

Abstract

The recently introduced the American Privacy Rights Act (APRA) represents the latest attempt to pass a comprehensive federal privacy law in the US that would vern privacy generally across the country. The draft bill proposes novel compromises on controversial topics such as federal pre-emption and rights of private action, which need refinement and are likely to be changed in the legislative process. The attempt to cover not-for-profit entities without accounting for their different purposes seems ill conceived and raises constitutional concerns. This paper examines the APRA in its constitutional, historical and policy contexts.

Suggested Citation

  • Determann, Lothar & Hengesbaugh, Brian & Toltzis, Avi, 2024. "American Privacy Rights Act: A first glance at the US Congress's newest comprehensive privacy bill," Journal of Data Protection & Privacy, Henry Stewart Publications, vol. 6(4), pages 375-391, June.
    • Handle: RePEc:aza:jdpp00:y:2024:v:6:i:4:p:375-391
    as

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