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CRS Legal Sidebar

Prepared for Members and

Committees of Congress

Legal Sidebari

Overview of the American Data Privacy and

Protection Act, H.R. 8152

Updated August 31, 2022

On July 20, 2022, the House Energy and Commerce Committee voted 53-2 to advance the American Data

Privacy and Protection Act (ADPPA), H.R. 8152, to the full House of Representatives. The ADPPA would

create a comprehensive federal consumer privacy framework. Some commentators have noted the bill’s

novel compromises on two issues that have impeded previous attempts to create a national privacy

framework: whether to preempt state privacy laws and whether to create a private right of action.

The bipartisan bill is co-sponsored by House Energy and Commerce Committee Chairman Frank Pallone,

Jr. and Ranking Member Cathy McMorris Rogers, and is promoted in the Senate by Commerce

Committee Ranking Member Roger Wicker. In a joint statement, Representatives Pallone and McMorris

Rodgers and Senator Wicker described the bill as “strik[ing] a meaningful balance” on key issues. Senate

Commerce Committee Chair Maria Cantwell has critiqued the ADPPA as having “major enforcement

holes,” prompting other commentators to question whether the Senate will pass the bill.

This Sidebar first provides a summary of the version of the ADPPA ordered to be reported by the House

Commerce Committee on July 20. It then compares several of the bill’s key provisions to other privacy

bills from the 117

th

and 116

th

Congresses before examining some considerations for Congress.

Summary of the Bill

The ADPPA would govern how companies across different industries treat consumer data. While not an

exhaustive summary, some key facets of the bill are as follows:

 Covered Entities. The bill would apply to most entities, including nonprofits and

common carriers. Some entities, such as those defined as large data holders that meet

certain thresholds and service providers that use data on behalf of other entities

(including covered entities, government entities, and other service providers), would face

different or additional requirements.

 Covered Data. The bill would apply to information that “identifies or is linked or

reasonably linkable” to an individual.

Congressional Research Service

https://crsreports.congress.gov

LSB10776

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