United States of America: Announced American Data Privacy and Protection Act discussion draft including governance rules

On 3 June 2022, bipartisan members of the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation released a discussion draft of the American Data Privacy and Protection Act, a data privacy and security framework with bipartisan legislative support. The draft contains rules on data governance oversight. General enforcement and rulemaking authority under the act is given to the Federal Trade Commission (FTC). Violations of the Act are to be treated as violations of the prohibition against unfair or deceptive acts or practices under the FTC Act. State attorney generals and affected individuals may also bring federal civil actions for alleged violations of the Act, although individuals will only be able to proceed in this manner four years after the implementation of the Act.