{"id":4047,"date":"2022-08-09T22:39:00","date_gmt":"2022-08-09T22:39:00","guid":{"rendered":"https:\/\/2024.thenexus.today\/index.php\/2022\/08\/09\/one-out-of-six-aint-good\/"},"modified":"2022-08-09T22:39:00","modified_gmt":"2022-08-09T22:39:00","slug":"one-out-of-six-aint-good","status":"publish","type":"post","link":"https:\/\/2024.thenexus.today\/index.php\/2022\/08\/09\/one-out-of-six-aint-good\/","title":{"rendered":"One out of six ain’t good: Five ways the American Data Privacy and Protection Act falls short"},"content":{"rendered":"

FIND OUT MORE<\/strong>: Prof. Daniel Solove moderated an excellent webinar on ADPPA Wednesday, August 10. Here’s our live-tweeting<\/a> \u2013 or, if you prefer, in a single threadreaderapp page<\/a>. \u00a0<\/em><\/p><\/blockquote>\n

A lot of the discussion of the proposed American Data Privacy and Protection Act (ADPPA) has focused on comparing it to California’s privacy law, generally viewed as the strongest of the handful of existing state privacy laws. \u00a0 In Californians for Consumer Privacy Announce Opposition to ADPPA<\/a>, the group responsible for California’s privacy law says that for Californians, ADPPA “would weaken existing privacy laws in far-reaching and vital ways.” \u00a0But not everybody sees it that way. <\/p>\n

Here’s how Alan Butler and Caitriona Fitzgerald of EPIC Privacy frame it in Evaluating the American Data Privacy and Protection Act<\/a>:<\/p>\n

We believe that the ADPPA is stronger in several key areas then California\u2019s CCPA, that it would provide roughly equivalent protections in most circumstances, and that the few areas where the CCPA is stronger could be addressed through minor amendments to the ADPPA.<\/p><\/blockquote>\n

The nicely-designed side-by-side<\/a> from EPIC, CDT and Lawyers Committee makes their case in more detail.* \u00a0UPDATE, August 12<\/strong>: Californians for Consumer Privacy’s side by-side responds<\/a>. \u00a0 They disagree. \u00a0UPDATE, September 7: <\/strong>a new analysis from Californians for Consumer privacy<\/a> spotlights 20 ways in which CPRA is stronger.<\/p>\n

Taking a step back … as Omer Tene of Goodwin Procter points out on Twitter<\/a>, when California’s current privacy law was on the ballot as Prop. 24 in 2020, ACLU of Northern California opposed it, arguing it was catering to big tech interests and harmful to marginalized communities.** \u00a0Color of Change, Dolores Huerta, and many immigrant rights groups opposed it for similar reasons. \u00a0<\/p>\n

With all the weaknesses these groups identified in California’s law, \u00a0“roughly equivalent protections in most circumstances” doesn’t necessarily translate to strong protection. \u00a0<\/p>\n

So let’s build on Tene’s point and take a different approach to the comparison. <\/p>\n

How many of Prop 24’s weaknesses does ADPPA address?<\/h2>\n

Prop. 24, also known as the California Privacy Rights Act (CPRA), amended the 2018 California Consumer Privacy Act (CCPA). \u00a0As significant as Prop 24 was, it was also a missed opportunity to do even better \u2013 as the groups who critiqued it pointed out. \u00a0So I went through the three highest-profile criticisms of Prop 24 from 2020. \u00a0<\/p>\n