“A federal data privacy law must do two things: it must make privacy a consumer right, and it must give consumers the ability to enforce that right.” – Senator Cantwell

Senator Cantwell is a leading advocate for strong privacy protections for Americans. Senator Cantwell has been at the forefront as Congress has worked to develop consumer privacy legislation, and she has repeatedly called for privacy rights that are both strong and enforceable by individuals.

The American Privacy Rights Act

In 2024, Senator Cantwell and Representative Cathy McMorris Rodgers unveiled the American Privacy Rights Act, a draft comprehensive privacy bill that sets clear, national data privacy rights and protections for Americans, eliminates the existing patchwork of state comprehensive data privacy laws and establishes robust enforcement mechanisms to hold violators accountable, including a private right of action for individuals.

While the draft did not come to fruition, its underlying principles reshaped the national privacy debate by drawing bright lines for industry and granting privacy rights to consumers. 

Establishes Foundational Uniform National Data Privacy Rights for Americans 

• Puts people in control of their own personal data.  

• Eliminates the patchwork of comprehensive state privacy laws by setting one national privacy standard, stronger than any state. 

• Minimizes the data that companies can collect, keep and use about people, of any age, to what companies actually need to provide them products and services. 

• Gives Americans control over where their personal information goes, including the ability to prevent the transfer or selling of their data. The bill also allows individuals to opt out of data processing if a company changes its privacy policy. 

• Provides stricter protections for sensitive data by requiring affirmative express consent before sensitive data can be transferred to a third party.

• Requires companies to let people access, correct, delete and export their data.

• Allows individuals to opt out of targeted advertising. 

Gives Americans the Ability to Enforce Their Data Privacy Rights

• Gives individuals the right to sue bad actors who violate their privacy rights—and recover money for damages when they’ve been harmed. 

• Prevents companies from enforcing mandatory arbitration in cases of substantial privacy harm.

Protects Americans’ Civil Rights

• Stops companies from using people’s personal information to discriminate against them.

• Allows individuals to opt out of a company’s use of algorithms to make decisions about housing, employment, healthcare, credit opportunities, education, insurance or access to places of public accommodation.

• Requires annual reviews of algorithms to ensure they do not put individuals, including our youth, at risk of harm, including discrimination.

Holds Companies Accountable and Establishes Strong Data Security Obligations

• Mandates strong data security standards that will prevent data from being hacked or stolen. This limits the chances for identity theft and harm.

• Makes executives take responsibility for ensuring that companies take all actions necessary to protect customer data as required by the law.

• Ensures individuals know when their data has been transferred to foreign adversaries.

• Authorizes the Federal Trade Commission, states and consumers to enforce against violations. 

Focuses on the Business of Data, Not Mainstreet Business

• Small businesses, who are not selling their customers’ personal information, are exempt from the requirements of this bill.

…

Consumer Online Privacy Rights Act 

In 2019, following her Committee Report on the State of Online Privacy, Senator Cantwell led Senate Democrats in introducing the Consumer Online Privacy Rights Act (COPRA). This comprehensive federal privacy legislation announced the senator’s principles to give Americans safeguards and control over their personal data. At a hearing on the bill, Senator Cantwell laid out the key rights protected under her COPRA bill and emphasized the importance of strong enforcement through a private right of action. 

As Committee Chair, she held multiple hearings over the revelations of how Facebook’s unrestrained data practices harm children and teens, including testimony from Facebook whistleblower Frances Haugen. 

…

Kids Online Privacy and Safety Act 

As Committee Chair, Senator Cantwell has led the fight to strengthen children’s privacy and online safety legislation, passing legislation out of her Senate Commerce Committee two years in a row. In the 118th Congress, Senator Cantwell shepherded the legislation to receive an overwhelming passage of 91-3 in the U.S. Senate, representing significant progress for privacy legislation. From there, House Republican Speaker Mike Johnson refused to allow a vote on the legislation in the House. Senator Cantwell remains committed to enacting strong legislation to protect our kids’ safety and well-being online.