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Ohio also re-introduced a consumer privacy bill of its own in 2022—the Ohio Personal Privacy Act (“OPPA”)—which remains pending at this time. While it is unlikely that the OPPA will become law this year, it is anticipated that a similar bill will be considered by Ohio lawmakers during the 2023 legislative cycle. With the momentum of other states having recently passed similar laws of their own, as well as the Ohio governor’s strong support for passage of the OPPA, Ohio may soon join the ranks of the growing number of states with consumer privacy statutes on the books. If successful, a law akin to the OPPA would provide Ohio consumers with an expansive set of new rights regarding their personal data, while at the same time imposing a corresponding set of stringent obligations on Buckeye State businesses that collect and handle their data.
Washington D.C. lawmakers also made significant headway in enacting a comprehensive federal privacy law in 2022 with its introduction of the American Data Privacy and Protection Act (“ADPPA”)— which would establish a comprehensive federal privacy framework—in the U.S. House of Representatives on June 21, 2022.
Although bipartisan consensus on federal privacy legislation has shown itself to be quite elusive in prior years, the ADPPA represents the first comprehensive federal privacy bill to garner bipartisan, bicameral support. Of note, at a recent legislative hearing held by a U.S. House Committee on Energy and Commerce Subcommittee, “Protecting America’s Consumers: Bipartisan Legislation to Strengthen Data Privacy and Security,” lawmakers from both sides of the aisle praised the bill and pushed for its passage.
However, as with prior attempts to enact federal privacy legislation, the ADPPA must overcome disagreements among lawmakers on two key issues concerning preemption and enforce- ment. With that said, if federal lawmakers succeed in bringing the bill to fruition, its enactment would undoubtedly be a landmark moment for privacy law in the country.
Practical Compliance Tips
With 10% of U.S. states now having their own comprehensive consumer privacy laws on the books—each with their own unique requirements and restrictions—the task of compliance for companies with operations around the country (or the globe) is becoming increasingly complex. In particular, the now-sizeable web of state laws leaves
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THE REPORT | September/October 2022 | CincyBar.org
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