In the interest of passing this bill, Congress should look to environmental regulation.
The bill would do several important things, starting with imposing a baseline duty to refrain from collecting personal data unless companies reasonably need it to provide products or services to existing customers. The act would also make it much harder to collect and exploit our most intimate, sensitive personal information, including health, genetics, biometrics, geolocation, sexual behavior, intimate images, online activities over time, private communications, and minors’ data.
The safeguards in the law promise to reduce the amount of personal data flowing into corporate digital reservoirs and the hands of law enforcement, which as of now can and do freely buy it. Importantly, the ADPPA would ban any data-handling practice that discriminates based on race, color, religion, national origin, sex or disability.
. The bill also would limit the mandate of California’s new Privacy Protection Agency Board, whose members are among the smartest and most innovative privacy advocates in the country. Unsurprisingly and understandably, the board issued a memo opposing the ADPPA.
Drawing on lessons from the environmental field, there may indeed be a way forward just as Butler suggests, with California as our guide.As in the case of privacy protection, California has long been a leader in crafting environmental statutes that protect the public health, clean air and clean water. In fact, in 1947—long before the creation of the U.S.
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