The American Data Privacy Protection Act is a comprehensive federal data privacy law (similar to the EU’s GDPR) but tailored to American values—limiting government surveillance, strengthening individual control over personal data, and curbing foreign data harvesting.
American Data Privacy Protection Act (ADPPA)
Purpose
To establish comprehensive federal standards for data privacy that preserve individual liberty, limit government surveillance, and protect Americans’ personal information from unauthorized collection and use by domestic and foreign entities.
Core Provisions
1. Individual Rights
1.1 Right to Data Control
- Individuals hold fundamental ownership rights over their personal data.
- Individuals have the right to access, correct, delete, and transfer their data at any time.
- Individuals may opt out of data collection and processing.
- Organizations must clearly disclose when and how personal data is collected.
1.2 Consent Requirements
- Explicit, opt-in consent is required for any form of data collection.
- Organizations must obtain separate consent for each distinct data-processing activity.
- Privacy notices must be drafted in plain language and made easily accessible.
- Special protections, including parental or guardian consent requirements, apply to minors under 16.
1.3 Data Minimization
- Organizations may collect only the personal data strictly necessary for a specified purpose.
- All collected data must be deleted once its stated purpose is fulfilled.
- Data retention periods must be narrowly limited.
- Collecting data beyond the publicly stated or consented purpose is strictly prohibited.
2. Business Obligations
2.1 Privacy by Design
- Mandatory privacy impact assessments must be conducted before launching new products or services.
- Organizations are required to implement privacy-preserving technologies and best practices.
- Regular security audits and updates are mandatory to ensure ongoing compliance.
- Large organizations must appoint Data Protection Officers, responsible for overseeing privacy and security.
2.2 Data Security
- Stored and transmitted data must be encrypted using robust standards.
- Organizations must conduct regular security assessments and penetration testing.
- Incident response plans are mandatory and must be regularly updated.
- Breaches must be reported within 72 hours of discovery.
2.3 Foreign Data Transfer Restrictions
- Strict protocols govern the international transfer of personal data.
- Transfers to hostile nations are prohibited.
- Data localization is required for critical infrastructure.
- Foreign data processing activities must undergo regular audits to ensure compliance with federal standards.
3. Government Limitations
3.1 Surveillance Restrictions
- A valid judicial warrant is required for any government access to personal data.
- Bulk collection of personal data is prohibited.
- Government data access requests are subject to strict oversight.
- Agencies must publicly disclose surveillance activities to the greatest extent possible.
3.2 Law Enforcement Access
- Probable cause is required for any law enforcement request to access personal data.
- Such requests are subject to judicial review.
- Affected individuals must be notified of data requests, unless a court order provides otherwise.
- Agencies must issue regular public reports detailing the frequency and scope of data access requests.
Enforcement
1. Oversight Structure
- An independent Privacy Protection Board is established to monitor and enforce compliance.
- State Attorneys General possess authority to enforce the Act.
- Individuals may bring private lawsuits for significant violations.
- Congress shall conduct regular oversight and review.
2. Penalties
- Civil penalties of up to $1 million per violation may be imposed.
- Criminal penalties apply to willful or egregious violations.
- Repeat offenders are subject to enhanced penalties.
- Certain critical violations carry mandatory minimum penalties.
3. Compliance Incentives
- Certified organizations demonstrating strong privacy and security practices are eligible for safe harbor.
- Good faith compliance efforts may result in reduced penalties.
- Technical assistance is available to support small businesses in achieving compliance.
- A privacy excellence recognition program shall promote best practices.
Implementation: Milestone-Based Approach
-
Organizational Readiness
- Board Establishment and Guidelines: Upon passage of this Act, the Privacy Protection Board shall be formed. Within a reasonable time, it shall publish guidelines detailing compliance requirements.
- Public Education: The Board will coordinate with relevant agencies to launch an awareness campaign explaining citizens’ rights and organizational obligations under this Act.
-
Initial Compliance for Large Entities
- Readiness Certification: Within a set period after guidelines become available, large organizations (as defined by Board regulations) must formally certify their compliance measures. This includes designating Data Protection Officers and initiating privacy impact assessments.
- Government and Infrastructure Measures: Government agencies must implement the required surveillance restrictions, reporting protocols, and data security measures to comply with this Act. Critical infrastructure operators must also fulfill localization requirements and validate foreign data transfer controls.
-
Small Business and General Compliance
- Scaled Obligations: Small businesses have an extended timeframe to meet compliance obligations, in recognition of resource constraints. The Privacy Protection Board shall offer technical assistance and clear best-practice guidance.
- Review and Adjustments: After a defined review period, the Board shall evaluate the effectiveness of the regulations and may propose adjustments or additional support measures to facilitate compliance among smaller entities and newly regulated sectors.
-
Ongoing Review and Enforcement
- Regular Audits: The Privacy Protection Board shall conduct periodic audits of both public and private entities to confirm sustained compliance.
- Data Breach Reporting: All organizations are required to submit timely breach notifications, which will be compiled into public oversight reports.
- Legislative and Regulatory Updates: As new technologies emerge and privacy risks evolve, the Board will recommend legislative or regulatory updates to Congress.
State Preemption
- This Act preempts state privacy laws that conflict with its provisions.
- States may enforce the federal standards set forth in this Act.
- States retain the right to enact stronger protections.
- The standards set forth herein represent a federal minimum baseline.
Exemptions
- Activities critical to national security, when authorized by a court or in compliance with applicable law.
- Law enforcement investigations with valid warrants.
- Provision of emergency services to prevent imminent harm.
- Legitimate scientific research that employs anonymized data.
- Small businesses under an established revenue threshold, subject to certain conditions.
Reporting Requirements
- Annual privacy impact assessments and reports must be submitted to Congress.
- Organizations must issue quarterly breach notifications in cases of data loss or unauthorized disclosure.
- Congressional testimony by agency and board representatives may be required on a regular basis.
- Public transparency reports must be made available to promote accountability.
Effective Date
This Act shall take effect immediately upon passage, with specific compliance milestones as defined under the “Implementation: Milestone-Based Approach.”