Policy Backgrounders

Data Privacy Legislation

June 28, 2024

Trusted Insights for What’s Ahead™

CED’s recent Solutions Brief Principles for AI Guardrails in the US noted that “[d]ata privacy is a foundational pillar of responsible AI development. However, the US currently lacks a federal statutory or regulatory framework governing the collection and usage of personal data.” Congress is actively considering two bills that aim to provide that framework, one comprehensively and one focused on children but face strong opposition, including from many technology companies.

• Unusually, the House Energy and Commerce Committee canceled at the last minute a scheduled committee markup including the two data privacy bills: the proposed American Privacy Rights Act (APRA) and the Kids Online Safety Act (KOSA) on June 27.
• APRA has some bipartisan support but faces strong opposition in its current form from both technology companies and some Congressional leaders, making the path to enactment potentially very difficult. KOSA has strong bipartisan support, particularly in the Senate.
• Solicitor General Vivek Murthy’s recent call for warning labels on social media also highlights issues surrounding the use of platforms, particularly with respect to children. But placing warning labels on social media are very unlikely.