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Watching the Watchers: A Comparison of

Privacy Bills in the 116th Congress



April 3, 2020
As a growing number of states enact or consider consumer privacy protection measures, many in
Congress are pushing for a comprehensive federal consumer privacy framework. In 2019, both the Senate
Committee on Commerce, Science, and Transportation and the House Energy and Commerce
Committee's Subcommittee on Consumer Protection and Commerce held hearings on protecting
consumer privacy. And in the last few months, Members of Congress have introduced four consumer
privacy bills and circulated discussion drafts of two additional proposals:
    *  H.R. 4978, the Online Privacv Ac of 2019, introduced by Representatives Anna Eshoo
       and Zoe Lofgren on November 5, 2019;
    *  The United States Consumer Data Privacy Act of 2019 (U SCDPA Draft), a discussion
       draft circulated by Senator Roger Wicker on November 27, 2019;
    *  S. 2968, the Consumer Online Privacy Rights Act, introduced by Senators Maria
       Cantwell, Brian Schatz, Amy Klobuchar, and Ed Markey on December 3, 2019;
    *  An untitled December 18, 2019, discussion draft (E&C Draft) from the House Energy
       and Commerce Committee, spearheaded by Representatives Cathy McMorris-Rodgers
       and Jan Schakowsky;
    S.... 3300, the Data Protection Act of 2020, introduced by Senator Kirsten Gillibrand on
       February 13, 2020; and
    *  S. 3456, the Consumer Data Privacy and Security Act of 2020, introduced by Senator
       Jerry Moran on March 12, 2020.
Five of the six proposals-H.R. 4978, S. 2968, S. 3456, and the two discussion drafts-take similar
approaches. Although details vary somewhat from bill to bill, each regulates the use of personal
information by: (1) recognizing individuals' rights to control their personal information; (2) requiring a
defined class of entities to take steps to respect those rights; and (3) creating procedures to enforce those
requirements. The five proposals differ, however, in three key respects: (1) which federal agency would
have enforcement power; (2) whether to preempt state privacy laws; and (3) whether to provide a private
right of action. The sixth bill, S. 3300, takes a different approach: it would create a new agency vested


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