USA: House Energy Committee releases amended Bill for American Data Privacy and Protection Act
The U.S. House Committee on Energy and Commerce released, on 18 July 2022, amendments to House Resolution ('HR') 8152, the American Data Privacy and Protection Act, in line with its vote on the Act scheduled for 20 July 2022.
How does the amended HR 8152 compare to the initial Bill?
Some of the key changes include:
- the requirement that the option to refuse consent must be at least as prominent as the option to accept, and the option to refuse consent must take the same number of steps or fewer as the option to accept;
- additional requirements for deidentified data, including that contractual obligations be included contractually in all subsequent instances for which the data may be received;
- amendments to provisions governing the duty of loyalty, including additional exceptions to restrictions on the transfer of an individual's sensitive covered data to third parties;
- amendments to provisions governing consumer data rights;
- introduction of prohibitions on retaliation through service of pricing;
- expansion of covered entities required to conduct privacy impact assessments;
removal of the requirement to designate a privacy and data security officer;
removal of corporate accountability requirements for service providers and third parties;
- introduction of large data holder metrics for reporting; and
- introduction of requirements for the unified opt-out mechanism, including requiring covered entities or service providers acting on behalf of covered entities to inform individuals about the centralised opt-out choice.