Draft American Data Privacy and Protection Act — Tsaaro

The Draft American Data Privacy and Protection Act is a proposed federal data privacy legislation in the United States. The act was introduced in 2021 by Senator Kirsten Gillibrand, with the aim of creating a comprehensive framework for protecting consumers’ personal data.

The act seeks to establish a baseline level of protection for consumers’ personal information by requiring companies to obtain explicit consent from individuals before collecting, processing, or sharing their data. The act also grants consumers the right to access, correct, and delete their personal information held by companies.

One of the key features of the act is the creation of a new federal agency, the Data Protection Agency (DPA), which would be responsible for enforcing the act and protecting consumers’ personal data. The DPA would have the power to investigate violations of the act, issue fines and sanctions, and require companies to take corrective action.

The act also includes provisions for protecting sensitive personal information, such as biometric data and geolocation data, and requires companies to implement reasonable security measures to protect consumers’ personal data.

In addition to protecting consumers’ personal data, the act also seeks to promote competition and innovation by preventing large tech companies from using their market power to stifle competition or harm consumers.Knowing where your data is, where it came from, and how it moves will help you decide what actions to take next to adopt a cybersecurity policy across the entire organisation. Then, think about supporting policies that, in your opinion, will eventually be codified into law: allowing users to consent to data gathering, starting the data minimization process, ceasing targeted advertising to children, etc. Small and medium-sized businesses may gain from outsourcing their cybersecurity needs to professionals (like iCorps), as keeping up with industry standards and compliance best practises can be overwhelming for internal IT teams that are less experienced, particularly when they are just getting started.

Overall, the Draft American Data Privacy and Protection Act represents a significant effort to create a comprehensive federal framework for protecting consumers’ personal data in the United States, and if passed, could have a significant impact on the data privacy landscape in the country.

The ADPPA is the closest that the U.S. Congress has ever come to passing comprehensive federal privacy legislation, and its suggested legislative path represents that. This bill "establishes requirements for how companies, including nonprofits and common carriers, handle personal data, which includes information that identifies or is reasonably linkable to an individual," according to a summary on the U.S. Library of Congress website. You can access the bill's complete content here.

Some divisions of the U.S. Federal Trade Commission, the organisation in charge of enforcing the law if it is passed, back the legislation.In addition, organisations that meet the criteria for large data holders would need to carry out privacy impact analyses ("PIAs") that take into account new developments like blockchain technology or other innovations "used [by the large data holder] to secure covered data."The FTC would be given the power to enforce the Act, and no later than a year after the measure is passed, it would be necessary for it to create a new bureau to help with the task.On behalf of people and/or residents of their respective states, the U.S. Attorney General and State Attorneys General (or chief consumer protection officer, based on the state) would also be allowed to file civil lawsuits against entities that were breaking the Act. The FTC as well as the U.S.

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