House lawmakers will call in an extensive slate of witnesses this week to examine America's first iteration of a federal data privacy law.
Eight privacy experts will testify to the House Energy and Commerce consumer protection subcommittee on June 14 to support a broad Congressional effort to protect Americans' data in the 21st century.
A draft of the American Privacy and Data Protection Act was unveiled in early June with bipartisan and bicameral support. The bill is the closest the nation has ever been to an omnibus privacy law. Experts told S&P Global Market Intelligence last week that, if consensus can be reached, the bill may get to President Biden's desk before November midterms.
Now, House members will need expert input on the legislation's provisions in order to hammer out missing details or discrepancies. So far, major aspects of the bill include allowing individuals to opt out of targeted ads and requiring C-level executives to certify company compliance with the law.
Witnesses testifying include Caitriona Fitzgerald from the Electronic Privacy Information Center and Jolina Cuaresma, senior counsel at children's media advocacy group Common Sense Media. Former acting Federal Trade Commission chair Maureen Ohlhausen will also testify.
Witnesses will likely press lawmakers to include a more detailed funding framework for the FTC, the consumer protection agency responsible for the bulk of the enforcement matters in the bill. Sources told Market Intelligence last week the bill is lacking in that area.
Other areas of contention include the bill's private right of action, which allows consumers to directly sue companies that violate the law. Also disputed is the bill's preemption provision, which would give the federal law precedence over any existing state laws.
Sen. Maria Cantwell, D-Wash., is circulating her own version of a privacy bill with more assertive rules in these areas. "I have to get my colleagues to support that," she told reporters last week, speaking of the stronger provisions in her bill.
Despite general bipartisan support on key aspects of the bill, it may take time before the legislation becomes law. Congress is handling several national political matters including gun control, abortion rights and Russia's war in Ukraine.
After the chambers' August recess, many lawmakers will turn to campaigning in their states for midterm reelections, drawing more time away from bill revisions or floor votes. Still, experts are confident the coalition moving forward on privacy legislation will remain intact into 2023.
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Government events |
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| June 13 | The House committee examining the Jan. 6 insurrection will hold its second hearing. | ||
| June 14 | House Energy and Commerce lawmakers will hold a hearing examining draft federal privacy legislation. | ||
| June 15 | The House committee examining the Jan. 6 insurrection will hold its third hearing. | ||
| June 15 | A Senate Finance subcommittee will hold a hearing on supply chain resiliency. | ||
| June 16 | The House committee examining the Jan. 6 insurrection will hold its fourth hearing. | ||
| June 16 | The FTC holds its June open meeting, where staff will present use cases of AI to combat harms online. | ||
| Industry, legal and think tank events |
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June 13 | Exodus Cry and the National Center on Sexual Exploitation will hold a national symposium on toxic online criminality and online sexual exploitation of children. | |
| June 17 | The Federal Communications Bar Association will hold a year-in-review event examining major telecom proceedings that have occurred throughout the past year. | ||
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