May 5, 2023
House Energy & Commerce Subcommittee examines gaps in federal data privacy laws
On April 27, the House Energy and Commerce Committee's Subcommittee on Innovation, Data, and Commerce held a hearing on "Addressing America's Data Privacy Shortfalls: How a National Standard Fills Gaps to Protect Americans' Personal Information." The Subcommittee had asked witnesses to review the data privacy jurisdiction and effectiveness of the Federal Trade Commission (FTC) as well as four federal laws: the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA) covering patients' health data, and the Gramm-Leach Bliley Act (GLBA) covering financial data. Those acronyms were referred to frequently throughout the hearing.
Members and witnesses contrasted the limits of these "sector-specific" laws with the comprehensive American Data Privacy and Protection Act (ADPPA) that the committee approved in the previous Congress on a 53-2 vote. That bill would establish a pre-emptive national consumer privacy and data security framework built around limitations for collecting, processing, and transferring individuals' information; obligations for covered entities and service providers; and giving consumers control over their personal information.
More information is available here.
Additional information is also available in the attached Tax Alert.
Hearing on gaps in federal data privacy laws