A few months ago it seemed like the American Data Privacy and Protection Act (ADPPA) was gaining momentum in Congress and represented the best hope in years for passage of a federal data privacy law that would preempt the five overlapping (but not totally consistent) state comprehensive privacy laws and offer businesses a uniform national framework. However, California’s attorney-general Rob Bonta and nine other state attorneys-general are now opposing the ADPPA in its current form, claiming that there should be no preemption and any federal privacy law should establish a “floor not a ceiling.” Of course, this would be the worst possible outcome for many businesses, which would face an additional compliance regime overlaid on the existing ones as well as a private right of action substantially broader than California’s. Please check out the following article published by Meghan Stoppel of Cozen O’Connor’s State Attorneys General group, which examines the state AGs’ position and evaluates the ADPPA’s chances of passage.
