Analyzing critical legal trends and developments across data, cyber, AI and digital regulations from around the world and beyond borders

Abstract

The recently introduced American Privacy Rights Act (APRA) represents the latest attempt to pass a comprehensive federal privacy law in the US that would govern privacy generally across the country. The draft bill proposes novel compromises on controversial topics such as federal preemption and rights of private action, which need refinement and will likely be changed in the legislative process. The attempt to cover not-for-profit entities without accounting for their different purposes seems ill conceived and raises constitutional concerns. This paper examines the APRA in its constitutional, historical, and policy contexts. Click here to read the full paper, which was originally published in Vol.6.4 of the Journal of Data Protection & Privacy.

Author

Lothar has been helping companies in Silicon Valley and around the world take products, business models, intellectual property and contracts global for nearly 20 years. He advises on data privacy law compliance, information technology commercialization, interactive entertainment, media, copyrights, open source licensing, electronic commerce, technology transactions, sourcing and international distribution at Baker McKenzie in San Francisco & Palo Alto.

Author

Brian Hengesbaugh is Global Chair of Baker McKenzie's Data & Cyber Practice. Formerly special counsel to the general counsel of the US Department of Commerce, Brian played a key role in the development and implementation of the US Government’s domestic and international policy in the area of privacy and electronic commerce. In particular, he served on the core team that negotiated the US-EU Safe Harbor Privacy Arrangement (Safe Harbor) and earned a Medal Award from the US Department of Commerce for this service.

Author

Avi Toltzis is a Knowledge Lawyer in Baker McKenzie's Chicago office.