What is the American Data Privacy and Protection Act?

American Data Privacy and Protection Act

In June of 2022, draft bipartisan legislation from both houses of Congress was introduced. The bill is called the American Data Privacy and Protection Act (ADPPA). The ADPPA would replace the current patchwork of state privacy laws with a national federal data privacy standard.

The purpose of the ADPPA is to give Americans greater control over their data and to strengthen the nation’s privacy and data security protections. The ADPPA is modeled after the European Union General Data Protection Regulation (GDPR), a comprehensive data privacy and security scheme launched in 2016. Details of the American Data Privacy and Protection Act are provided below.

American Data Privacy and Protection Act: Filling in the Gaps

The GDPR provides comprehensive consumer privacy protection by giving consumers specific rights concerning their data. 

These rights include:

  • The right to be informed. Consumers have the right to be informed about the collection and use of their personal data.  
  • A right of access. Consumers have the right to view and request copies of their personal data.
  • The right to rectification. Consumers have the right to request inaccurate or outdated personal information be updated or corrected.
  • The right to be forgotten (also known as the right to erasure). Consumers have the right to request that their personal data be deleted.   
  • The right to data portability. Consumers have the right to ask for their data to be transferred to another data controller or provided to them. The data must be provided in a machine-readable electronic format.
  • The right to restrict processing. Consumers have the right to request the restriction or suppression of their personal data.
  • The right to withdraw consent. Consumers have the right to withdraw previously given consent to process their personal data.
  • The right to object. Consumers have the right to object to the processing of their personal data.
  • The right to object to automated processing. Consumers have the right to object to decisions being made with their data solely based on automated decision-making or profiling.

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American Data Privacy and Protection Act: Specific Consumer Rights

Title 2 of the American Data Privacy and Protection Act gives consumers a number of equivalent rights. 

These rights include:

  • The right to tra