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Law360: Midterms Open Up Path For Stalled Federal Data Privacy Law

November 9, 2022

United States lawmakers may be more willing to collaborate on data privacy legislation following the midterm elections due to the issue's broad bipartisan support. Earlier this year, Congress introduced the bipartisan American Data Privacy and Protection Act, or ADPPA, which would give consumers the right to access, correct, delete, and stop the sharing of their personal information. If Republicans take control of the House, the preemption debate “may be less of an issue,” said Scott Pink, special counsel at O’Melveny & Myers LLP. Generally, Democrats have been opposed to federal preemption so that states can have their own, stricter privacy standards, but Republicans are more inclined to support a single national privacy standard. “Some might argue that there's a greater chance that this proposal passes in its current form if Republicans are in control,” Pink said.

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