On July 20, 2022, the U.S. House of Representatives Committee on Energy and Commerce (the “Committee”) passed H.R. 8152, the American Data Privacy and Protection Act (“ADPPA”) (as amended), by a vote of 53-2. The ADPPA next will be put before the full House for a vote.
The Committee considered and agreed to a number of amendments that, among other things:
- Expressly authorize the California Privacy Protection Agency (“CPPA”) to enforce the ADPPA “in the same manner” the CPPA “would otherwise enforce the California Consumer Privacy Act”;
- Change when private plaintiffs can enforce the ADPPA from four years to two years after the effective date of the ADPPA; and
- Continue to ban targeted advertising to individuals known to be under the age of 17, but adopt different “knowledge” standards for social media companies, large data holders and other entities.
Representative Anna G. Eshoo (D-CA) also proposed an additional amendment that the Committee voted, 8-48, not to adopt. The amendment would have struck preemption provisions from the ADPPA.
There is limited time for a vote by the full House prior to Congress’ August recess. Enactment of the ADPPA also would require approval from the Senate, and, in its current form, the ADPPA would take effect 180 days after enactment.