Federal Privacy Legislation Still on Hold

Despite repeatedly declaring their intention to do so, federal lawmakers have still not brought the American Privacy Rights Act up for a committee vote to begin the legislative process.

After numerous rumors that the bill would be considered in the House Energy and Commerce Committee, it was finally scheduled for a “mark-up” on June 27. However, the session was canceled at the last minute.

The wide-ranging measure is very complex and has undergone numerous changes since being introduced early this year. While AAF supports a federal privacy law, we are concerned that the APRA continues to have serious flaws as outlined in comments to lawmakers from our partners at Privacy for America.

Senator Maria Cantwell (D-WA), chair of the Senate Commerce, Science, and Transportation Committee has stated her intention to mark up privacy legislation before the Senate recess scheduled to begin Aug. 5. However, because of congressional recesses and the upcoming election, there are a limited number of legislative days left this year. Even if she can conduct the mark-up, the possibility of enactment in this session of Congress is very slim.

State Privacy Update

Rhode Island Governor Daniel McKee (D) on June 25 transmitted the Data Transparency and Privacy Protection Act to the Secretary of State Gregg Amore (D) without his signature. The action means that the measure will become law effective January 1, 2026. AAF has several concerns with the new law and contacted Governor McKee asking him to veto the legislation.

In Vermont, at the urging of AAF and many others, Governor Phil Scott (R) vetoed H. 121 a consumer privacy bill. The legislation had been subject to many starts, stops, and rewrites before being sent to the Governor. Even after his veto, the drama was not over as the Vermont House of Representatives overrode the Governor’s action. However, the veto was sustained in the Senate and the measure will not become law.

Several bills are expected to be considered soon in the California Senate Appropriations Committee. These include AB 3048, a bill that would amend the CCPA to prohibit a business from developing or maintaining a browser or mobile operating system that does not allow the consumer to send an opt-out preference signal; AB 1949, a bill that would amend the CCPA to require consent for collection, sale, sharing, use or disclosure of personal information related to U-18s; and AB 1008, a bill that would amend the CCPA’s definition of “publicly available.”

The California Privacy Protection Agency held a recent Board Meeting to discuss potentially advancing draft regulations implementing the California Delete Act to the formal rulemaking stage, among other issues. AAF has submitted preliminary comments to the agency addressing many issues of concern.
 
The New York State Assembly and Senate are currently considering the overly broad New York Health Information Privacy Act. While well-intentioned, the measure could restrict the use of such non-sensitive information as a consumer’s purchase of non-prescription shampoo at a local grocer, attendance at a fitness event, or signing up to receive promotional notices about specific clothing or footwear restocks. AAF has sent letters to lawmakers and Governor Kathy Hochul (D) expressing our concerns with the legislation.

DC Commission Looks at Data Tax

The District of Columbia Tax Revision Commission has released a revised set of recommendations that included an excise tax on certain businesses that “extract” data from DC residents. AAF expressed our opposition to the proposed tax before a meeting of the Commission that was scheduled but subsequently postponed. The Commission does not have the authority to enact taxes but makes recommendations to the full DC City Council.

2025 AAF Advertising Day on the Hill

Start planning now to attend the 2025 AAF Advertising Day on the Hill on Thursday, March 13, 2025. AAF Advertising Day on the Hill is the event where the power and passion of AAF’s grassroots are demonstrated by gathering in Washington, DC to learn about the issues confronting our industry and walk the halls of Congress to educate lawmakers about the importance of advertising to the U.S., as well as to every state and congressional district.

More information will be coming soon, but for now, mark your calendars and plan to join us in Washington, DC March 13, 2025, for AAF’s Advertising Day on the Hill.

The AAF protects and promotes advertising at all levels of government through grassroots activities. Our nationwide network monitors advertising-related legislation on local, state, and federal levels. We put our members face-to-face with influential lawmakers while encouraging self-regulation as a preemptor to government intervention, when appropriate of course. To learn more about our advocacy efforts, click here.