New Bipartisan Federal Privacy Bill – Breakthrough, Too Late, or Both?

On Friday June 3, a bipartisan group of leaders from key House and Senate committees released a new ​“discussion draft” bill to establish nationwide standards for consumer privacy. The proposal (the American Data Privacy and Protection Act) builds on prior bills put forth by both Democrats and Republicans, as well as principles and provisions contained in the GDPR and State privacy laws. Of significance, the bill reflects bipartisan compromise on two thorny issues that have divided the parties for years – whether to preempt state privacy laws and/or include a private right of action. While the bill has been hailed as a ​“breakthrough,” the prospects for passage are uncertain, particularly in this busy election year.