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Rubio Intros Privacy Bill

January 18, 2019

U.S. Senator Marco Rubio introduced the American Data Dissemination (ADD) Act, legislation that would provide a national consumer data privacy law that protects both consumers and the innovative capabilities of the internet economy.

By using the Privacy Act of 1974 as its framework, the bill provides overdue transparency and accountability from the tech industry while ensuring that small businesses and start-ups are still able to innovate and compete in the digital marketplace. A one-pager of the bill is available here.
 
“There has been a growing consensus that Congress must take action to address consumer data privacy,” Rubio said. “However, I believe that any efforts to address consumer privacy must also balance the need to protect the innovative capabilities of the digital economy that have enabled new entrants and small businesses to succeed in the marketplace. That is why I am introducing the American Data Dissemination Act, which will protect small businesses and startups while ensuring that consumers are provided with overdue rights and protections. It is critical that we do not create a regulatory environment that entrenches big tech corporations. Congress must act, but it is even more important that Congress act responsibly to create a transparent, digital environment that maximizes consumer welfare over corporate welfare.”
 
Specifically, the ADD Act would do the following:

  • Not later than 180 days after enactment of the ADD Act, the FTC is required to submit detailed recommendations for privacy requirements that Congress can impose on covered providers. These requirements would be substantially similar to the requirements applicable to agencies under the Privacy Act of 1974.
  • Not earlier than one year after the date on which the Commission has submitted detailed recommendations (18 months after enactment), the FTC will publish and submit to the appropriate committees of Congress proposed regulations to impose privacy requirements on covered providers that are substantially similar to the requirements applicable to agencies under the Privacy Act of 1974.
  • To ensure Congress acts in a timely manner, if the Congress fails to enact a law based on the recommendations provided by the date that is two years after enactment of this bill, the FTC would promulgate a final rule, not later than 27 months after the date of enactment to impose privacy requirements based on the narrow, congressionally mandated course of action created through this bill.

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