InfoBytes Blog
State attorneys general push Congress on federal consumer privacy legislation
On May 8, the Attorney General of California, Rob Bonta, and 15 other state attorneys general wrote a letter to Congressional leaders following the introduction of the American Privacy Rights Act (APRA) in Congress. The attorneys general encouraged Congress to set a “federal floor, not a ceiling” for consumer privacy rights, as APRA preempts state law under its current draft. The letter highlighted how states have “played a critical role” in setting new data privacy standards without curbing business practices or developments in technology. In addition, the attorneys general expressed concern that the APRA would limit some attorneys general to issue civil investigative demands (CIDs) because their CID authority would require a violation of state or federal law before issuance. The APRA, however, provided that “a violation of [the APRA] or a regulation promulgated under [the APRA] may not be pleaded as an element of any violation of [a state] law.” Despite these concerns, the attorneys general did express their support for other provisions of APRA, such as data minimization by default, stronger consent requirements, and protections for minors.