American Privacy Rights Act (APRA)

What is the APRA? 

The American Privacy Rights Act (APRA) is a proposed federal legislation that aims to regulate the collection, use, and sharing of personal data by online platforms and service providers. The bipartisan bill was introduced in April 2024 by Representative Cathy McMorris Rodgers (R-WA) and Senator Maria Cantwell (D-WA) and is currently under review by the Senate Commerce Committee.  

Under the proposed American Privacy Rights Act (APRA), there are several ways you can opt out of data sales: 

1. Opting out of data transfer and targeted advertising: For most covered data, covered entities would need to give individuals an opportunity to opt out of the transfer of their covered data or the use of their data for targeted advertising [5]. 
2. Express consent for sensitive data: For sensitive covered data, covered entities would be required to obtain an individual’s affirmative, express consent before transferring that data [5]. 
3. Data brokers: Data brokers would be required to register with the FTC, which would establish a central data broker registry with a “Do Not Collect” mechanism allowing individuals to opt out of data brokers’ collection of their covered data [6]. 
4. Website for opt-out requests: Under the APRA, data brokers will need to maintain a website that identifies themselves as data brokers, provides a tool for subject rights and opt-out requests, and links to the FTC’s data broker registry [4]. 

Opposition 

The Electronic Frontier Foundation (EFF) has expressed opposition to the American Privacy Rights Act (APRA) for several reasons [8] [9]: 

• Rolling back state privacy protections: The EFF believes that federal privacy laws should not roll back state privacy protections [8] [9]. They argue that there is no reason to trade strong state laws for weaker national privacy protection [9]. 
• Overriding stronger state laws: The EFF opposes APRA because it overrides stronger state laws and prevents states from passing stronger laws, which they believe hurts everyone [8]. 
• Concerns about the latest draft: The EFF, along with other advocacy groups, have raised concerns about the latest draft of the APRA. They claim that the latest revision has diluted the privacy rules [7]. For example, the new draft allegedly strips out anti-discrimination protections, AI impact assessment requirements, and the ability to opt-out of AI decision-making for major economic opportunities like housing and credit [7]. 
• Loopholes in personal data collection: The EFF is concerned that the latest APRA revision fails to cover personal data collected and used on-device [7]. They argue that tech companies would be able to do almost anything they want with data that stays on a personal device – no data minimization rules, no protections for kids, no advertising limits, no transparency requirements, no civil rights safeguards, and no right to sue for injured consumers [7]. 

Please note that the APRA is still a proposed bill and has not yet become law. The final Act, if approved, may have different provisions [1] [2]. It’s always a good idea to consult with a legal professional for advice tailored to your specific situation.