One Nation, One Privacy Law: GOP Introduces Federal Privacy Legislation
One Nation, One Privacy Law: GOP Introduces Federal Privacy Legislation
Publish Date: 2026-05-12 16:50:00
Source Domain: www.workforcebulletin.com
On April 22, 2026, Rep. Brett Guthrie (R-KY), chairman of the House Committee on Energy & Commerce, and Rep. John Joyce (R-Pa.), leader of the Energy and Commerce Data Privacy Working Group and chairman of the Energy and Commerce Subcommittee on Oversight and Investigations, introduced HR 8413, the Securing and Establishing Consumer Uniform Rights and Enforcement Over Data Act (the “SECURE Data Act”).
The SECURE Data Act, the result of Guthrie’s Privacy Working Group, would establish a comprehensive federal consumer privacy standard that protects the privacy and security of Americans’ personal data. The Privacy Working Group received more than 250 written responses and held meetings with more than 170 different organizations “to create the strongest bill possible.”
The bill builds on the framework adopted by states in enacting comprehensive privacy and data security laws. It establishes new rights for consumers and obligations for companies, to be enforced by the Federal Trade Commission and state attorneys general. Previous bipartisan efforts, including the American Data Privacy and Protection Act (ADDPA), were unsuccessful. We discuss the protections of HR 8413 below.
Key Provisions
Preemption (Section 15)
The SECURE Data Act would preempt any state law or provision that “relates to the provisions of this Act.” It does not change federal obligations, for example, under the Children’s Online Privacy Protection Act (COPPA); Title IV of the Gramm-Leach-Bliley Act; Part C of Title XI of the Social Security Act; subtitle D of the HITECH Act; regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act (HIPAA); and more. The Act would generally take effect 2 years after enactment, with exceptions for sections 2 (Consumer privacy rights), 4 (Data security), and 5 (Data brokers). Section 15 would guarantee that certain state consumer protection and wiretap statutes—some of which impose stricter penalties,…
