It is only a matter of time before a federal privacy bill becomes law. But when?
🤔 Some have their doubts
The American Data Privacy and Protection Act (ADPPA) is the closest a bipartisan, bicameral proposal has come to a floor vote. Yet, the prospects of a vote happening is sinking faster than Bobba Fett into the Sarlacc Pit.
Earlier this month House Speaker Nancy Pelosi (D-CA) joined a California delegation that includes Governor Newsom and the new Privacy Protection Agency to oppose the federal bill. The blocker? Unsurprisingly, preemption.
✋ Thanks, but no thanks
While Pelosi applauded the House Energy and Commerce Committee for its efforts, she echoed concerns that overriding California's landmark Privacy Protection and Privacy Rights Acts (CPPA/CPRA) will hurt Californians. As a panel of experts recently discussed, the coalition's concerns have merit, but not necessarily because one law is stronger in the Privacy Force than the other.
⚖️ Striking a balance
Congress is like the Jedi Council – it favors tradition and consensus, and is ponderous in its decisions. In contrast, State legislatures are like the Mandalorians – they have similarly strong principles, but are more agile and can adopt guerrilla tactics (i.e. California's ballot initiatives). For those opposed to a preemptive ADPPA, so-called 'ossification' is a major concern. A federal law that offers protections at first, but then stagnates from neglect while blocking state-driven reforms is a dubious sacrifice.
A US federal privacy law is caught in a duel of political fates. Striking the right balance between uniform protections and future relevance is no easy task. One thing is clear, renewed consensus on what's tenable will be critical... even if it takes another 2-3 years.
