US “APRA” Bill to Protect Biometric and Genetic Data Rewritten Again, but Path Still Unclear

by Anthony Kimery | Biometric Update

The already controversial American Privacy Rights Act of 2024 (APRA), which was originally introduced in April by U.S. Senate Commerce Committee Chair, Sen. Maria Cantwell, and House Energy and Commerce Committee Chair, Rep. Cathy Rodgers, was reintroduced by Rodgers in the House on June 25 as H.R. 8818, and both expands and compromises on the comprehensive federal consumer privacy framework that was outlined in the first draft of the legislation.

Significant are the special requirements for biometric and genetic data, which are further refined. Collecting such data would now require express consent, without exception.

Noticeably absent is the “civil rights and algorithms” section that would have prohibited the use of personal data in a manner that discriminates based on protected characteristics, and the “opt-out rights for consequential decisions.”

A subsequent draft of the bill had been circulated on June 20 proceeding a scheduled June 27 markup by the House Committee on Energy and Commerce. But that meeting which was unceremoniously cancelled at the last-minute following stakeholder pushback and Republican disagreement over the June 20 draft.

Rodgers told Axios following the cancellation that the committee isn’t done with the bill, and that they needed to “regroup.”

“There’s been a lot of confusion and misrepresentation of what the bill does, unfortunately,” Rodgers said. “We’re gonna need some more time to provide that clarity.” She added: “Everyone knows someone who has suffered because of the current state of the online ecosystem. We cannot continue down this path. The American people are asking Congress to step up and pass a privacy bill. It is foundational to our future and the next generation.”

Rodgers comments followed her pre-markup statements, in which she declared that, “At its core, the massive commercial surveillance of data is fueling the problem. Nearly every data point imaginable is being collected on us with no accountability. They are using our data against us, sowing division, manipulating truth, and diminishing our personal identities.”

The path forward for the bill, though, is murky, as the current draft – the one Rodgers introduced on June 25 – proves to be just as contentious. The House Committee on Energy and Commerce faces a time crunch with Congress’ August recess looming and the undoubtedly consequential elections in November that could change the balance of power, and with it, legislative priorities and thinking. Read Full Article >