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USA: House Energy Committee releases amended Bill for American Data Privacy and Protection Act

July 20, 2022
Summary

The U.S. House Committee on Energy and Commerce released amendments to the American Data Privacy and Protection Act (HR 8152) on 18 July 2022, ahead of a vote on 20 July 2022. Key changes include more prominent refusal consent options, additional deidentified data requirements, amendments to the duty of loyalty and consumer data rights, prohibitions on retaliation through pricing, and the introduction of privacy impact assessments. The amendments also remove the need for a privacy and data security officer, corporate accountability for service providers, and introduce large data holder reporting metrics and requirements for a centralized opt-out mechanism.

The U.S. House Committee on Energy and Commerce released, on 18 July 2022, amendments to House Resolution ('HR') 8152, the American Data Privacy and Protection Act, in line with its vote on the Act scheduled for 20 July 2022. How does the amended HR 8152 compare to the initial Bill? Some of the key changes include: the requirement that the option to refuse consent must be at least as prominent as the option to accept, and the option to refuse consent must take the same number of steps or fewer as the option to accept; additional requirements for deidentified data, including that contractual obligations be included contractually in all subsequent instances for which the data may be received;

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