House Republicans Seek Input on Private Right of Action, AI Preemption

House Commerce Committee Republicans on Friday requested public input on potential federal privacy legislation. The elimination of a private right of action, preemption of state privacy and AI laws and conflicts with existing federal law were among the topics Republicans outlined in their request for information (RFI).

House Commerce Committee Chairman Brett Guthrie, R-Ky., issued the RFI with Rep. John Joyce, R-Pa., who is leading the majority’s nine-member working group (see 2502140044). Joyce told us earlier this month that dozens of stakeholders reached out after the group’s initial launch. Comments are due April 7.

The RFI asks stakeholders to identify costs and benefits of granting sole enforcement authority to “expert agencies,” which would eliminate a private individual’s right to sue. The committee’s 2024 bipartisan American Privacy Rights Act (APRA) included a private right of action. The RFI asks what authorities could be granted to the FTC and state attorneys general.

The working group seeks feedback on how a federal privacy law should account for existing federal statutes, including the Health Insurance Portability and Accountability Act (HIPAA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) and the Children's Online Privacy Protection Act (COPPA).

The RFI notes that many states have passed comprehensive privacy bills and others are now trying to regulate AI-driven automated decisions. “These developments raise questions about the role of privacy and consumer protection standards in AI regulation and the impact on U.S. AI leadership,” the RFI states. The RFI seeks feedback on the impact of a “fragmented” regulatory landscape at the state level.

The Computer & Communications Industry Association in a statement Monday expressed interest in collaborating with the working group. “We are encouraged by Congress re-engaging with stakeholders, and look forward to working with them because we believe comprehensive privacy protects all internet users, regardless of age,” said CCIA Vice President-Federal Affairs Brian McMillan.

Chamber of Progress said in a statement Monday: "Poll after poll confirms that privacy and security are voters' top tech concerns, so it’s encouraging to see House lawmakers start this conversation with stakeholders. All Americans would benefit from strong federal privacy standards that protect consumers' data and streamline the current patchwork of state laws."

CCIA and Chamber of Progress have actively testified on various privacy and AI bills at the state level this year.

The Senate Commerce Committee held bipartisan privacy working group negotiations in 2019-20, led by Sens. Maria Cantwell, D-Wash., and Sen. Roger Wicker, R-Miss. Cantwell ultimately struck a bipartisan agreement on APRA with then-House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and ranking member Frank Pallone, D-N.J., in 2024. APRA stalled due to opposition from House Republican leadership, and Guthrie vowed to restart privacy bill efforts this year (see 2501030039).