The draft legislation, expected within two weeks, already signals a profound ideological divide with Democrats over how aggressively to police the collection and use of personal information.
The forthcoming bill from the House Energy and Commerce Committee would nullify approximately 20 existing state privacy laws, including those in California and Virginia, according to sources familiar with the text. Its framework is said to largely mirror regulations from Kentucky, the home state of committee chair Brett Guthrie, and would notably bar individuals from filing private lawsuits against companies for violations.
That enforcement mechanism is a central point of contention. Democrats advocate for a model that includes a private right of action, allowing citizens to sue companies directly, and permits states to set stricter standards. They argue this dual approach is necessary to ensure compliance, while Republicans favor limiting enforcement to government regulators like the Federal Trade Commission and state attorneys general.
The draft proposal mandates that companies obtain user consent before collecting sensitive categories of data. This includes health information, precise location data, biometric identifiers, and most data from children under the age of 13. Two people briefed on the committee's plans confirmed these provisions, speaking anonymously because they were not authorized to discuss the matter publicly.
Path to Introduction Faces Delays and Debate
Finalizing the language has taken longer than anticipated, according to Rep. Jay Obernolte, a California Republican on the committee's privacy working group. "It's been a little frustrating for everybody that it's taken this long, but you want to make sure you get it right," Obernolte said, emphasizing a shared desire to introduce the bill soon.
The legislation will also incorporate new language related to children's online safety, potentially reigniting a separate partisan battle. Democrats previously opposed a Republican children's privacy bill in March over its preemption of state rules, a conflict likely to recur in the broader privacy debate. The draft aligns with the vision outlined by Guthrie and the working group's vice chair, Rep. John Joyce of Pennsylvania, since the group's formation earlier this year.
In developing the proposal, the GOP working group consulted with over 170 stakeholders, including small businesses, privacy advocates, and industry lobbyists. Among those engaged was Andrew Kingman, a prominent lobbyist known for advocating industry-friendly state privacy regulations, indicating the wide range of interests being weighed.
With a committee hearing tentatively planned for May, the bill is expected to undergo revisions. A spokesperson for Joyce's office indicated the proposal is viewed as a starting point, meant to be updated over time as it moves through the legislative process, where significant Democratic opposition awaits.
