WTF is the American Privacy Rights Act

The American Privacy Rights Act (APRA) is a proposed federal law in the U.S. that aims to regulate the collection and use of personal data by companies. It seeks to give individuals more control over their data, allowing them to manage, correct, export, and refuse the use of their data for targeted ads and major life decisions influenced by algorithms. APRA also includes measures to enhance security and prohibits the use of dark patterns that could manipulate users' privacy choices.

APRA is designed to mirror the General Data Protection Regulation (GDPR) in Europe, intending to supersede state privacy laws with a few exceptions. Unlike the California Consumer Privacy Act (CCPA), which is specific to California, APRA aims to be a federal law that would apply nationwide. While both APRA and CCPA grant rights like access and deletion of personal data, they differ in enforcement, scope, and definitions of personal information. APRA is still being detailed, but it seeks a more standardized approach to privacy protection across the U.S.

The potential benefits of APRA for advertisers include:

• Standardizing compliance requirements across the U.S., which could reduce the complexity and burden of adhering to multiple state-specific privacy laws.

• Mitigating compliance risks for organizations, as a unified federal law would provide clearer guidelines for data handling.

For consumers, APRA could offer:

• Increased control over personal data, including the ability to manage, correct, and export their information.

• Enhanced privacy protections and security measures to safeguard personal information.

Challenges and concerns regarding the enforcement of APRA include:

• A three-tier enforcement system involving the FTC, states, and individual actions, which could lead to increased compliance risks and inconsistencies in enforcement.

• The inclusion of a private right of action in section 19 of the legislation, which has historically been a hurdle in comprehensive state privacy laws and is likely to face pushback from trade industry groups and advertising technology platforms.

For APRA to become law, it must:

1. Be introduced in Congress.
2. Undergo review by relevant committees.
3. Be debated and voted on in both the House and the Senate.
4. Be reconciled if there are differences between versions.
5. Receive approval from the President.

This process involves consideration, negotiation, and possible amendments, with public input, lobbying efforts, and political dynamics influencing the bill's progression through Congress.