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e American Data Privacy and Protection Act needs
to provide certa inty to businesses a nd consumers,
not a confusing new pa tchw ork

Right now , there is strong politica l dema nd on both
sides of the a isle to better protect America ns’ priva cy,

a nd the U.S. Cha mber could not a gree more. The
Cha mber w a s the first tra de a ssocia tion to propose
model legisla tion follow ing pa ssa ge of Ca lifornia ’s
priva cy la w a nd ha s continued to support bills tha t

protect consumers a nd innova tion.

What Should Be Included in a Smaller businesses, as well as nonprofits
National Privacy Bill including hospitals and charity organizations,
will disproportionately bear the cost of
For years, the Chamber has advocated for compliance. In fact, according to a recent U.S.
a clear, national framework that protects all Chamber report, 80 percent of small businesses
Americans' data equally and provides well- say technology helps them compete with
defined rules of the road to all companies larger firms, and that same number of small
and organizations. We strongly support a businesses believe limiting access to data
federal privacy law that includes the following will harm their business operations. Without
rights, among many other issues: changes, the bill could significantly impact the
ability of small businesses to reap the benefits of
• Right to delete data digital advertising.
• Right to opt-out of targeted ads
• Right to correct inaccurate information Additionally, ADPPA is drafted in a way that
• Right to access one’s own records doesn’t enshrine core protections—the
• Right to opt-in to sensitive data collection definitions are vague and the legislation leaves
and sharing to assist with issues such as far too much to the discretion of
COVID tracking and other public unelected bureaucrats.
health purposes
For example, this bill would enable the Federal
We supported Representative Delbene’s Trade Commission to define broad categories
Information Privacy and Data Control Act of data to be barred from collection or use,
and the Virginia Consumer Data Protection including public health data or data that could
Act. Although imperfect, both bills work to be used to expand financial inclusion. Europe
significantly balance business certainty and and California’s privacy laws both allow for
clarity with consumer protections. the collection and use of sensitive data with
consent. This could significantly place data
What Should Not Be Included analysis around public health, economic
in a National Privacy Bill development, public safety, and charity
fundraising in jeopardy.
The American Data Privacy and Protection
Act won’t just impact ‘big tech.’ It will When the U.S. is in a global race with China to
ensnare every organization—large or small, lead the world in artificial intelligence (AI), this
for-profit or not-for-profit—that collects bill could greatly hinder American companies’
data. These include retailers, restaurants, ability to deploy AI technologies. The bill,
manufacturers, and yes—even charities. And which fails to define artificial intelligence, could
ironically, only the biggest companies would subject innovators to run unnecessary impact
be able to afford to navigate this complex assessments before deploying the technology.
and novel proposed law. Digital red tape like this could place us at a
disadvantage over our strategic competitors.

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