What the American Privacy Rights Act (APRA) Means for Data Privacy in the U.S.
In a digital age where personal data fuels everything from marketing algorithms to AI systems, consumers and businesses alike are clamoring for clarity, fairness, and control. Enter the American Privacy Rights Act (APRA)—a bold federal privacy proposal designed to unify the U.S. privacy landscape and offer Americans meaningful control over their personal information. But what is APRA, how might it reshape privacy rights, and what should businesses be doing now to prepare? Let’s break it down in plain language.
What Is APRA?
The American Privacy Rights Act (APRA) is a comprehensive federal privacy bill introduced in Congress in 2024 by bipartisan lawmakers from both the House and Senate. Its central goal is simple but ambitious: create a nationwide standard for data privacy that replaces the current patchwork of state laws like California’s CCPA and CPRA.
Think of APRA as the U.S. answer to GDPR—a law that would extend new legal rights to individuals over their data and establish consistent rules for businesses that collect, process, or share personal information.
Key Consumer Rights Under APRA
Under APRA, individuals gain several core privacy rights that align with modern privacy expectations:
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Right to Know: Consumers can find out what personal data a business holds about them.
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Access & Correction: If a company is storing your data, you can view and correct it.
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Deletion: You can request removal of your data from a company’s systems.
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Data Portability: Port your information to another service provider.
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Opt Out: Choose not to be subject to targeted advertising or profiling.
These rights are foundational in global privacy laws and signal a shift toward individual control over personal information in the U.S.
Who Is Covered – and Who Is Not?
APRA applies broadly to entities that handle “covered data”—information reasonably linked to an individual or device. This includes businesses subject to the Federal Trade Commission (FTC) Act, with some notable exemptions:
Covered Entities
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Most companies collecting personal or sensitive data.
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Entities that retain, process, or transfer personal information.
Exemptions
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Small businesses (under $40M annual revenue with limited data processing).
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Governments and certain nonprofits engaged in public-interest work.
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Organizations already regulated under other federal laws like HIPAA or GLBA are often considered compliant by default.
Special Rules for “Large Data Holders”
One of APRA’s most distinctive features is its tiered regulatory approach. Businesses meeting certain thresholds—like $250M+ in revenue or access to data on millions of people—are categorized as “Large Data Holders” and subject to enhanced obligations:
- Publish historical privacy policies (up to 10 years)
- Appoint Data Privacy and Security Officers.
- Submit annual reports to the FTC.
- Conduct regular privacy impact and algorithmic assessments
These requirements signal that companies handling vast amounts of personal data must operate with far greater transparency and accountability.
Sensitive Data Gets Extra Protection
APRA treats sensitive data—like biometric identifiers, health information, precise geolocation, or financial details—with special care. Affirmative consent is required before such data can be collected or transferred.
This mirrors global norms and helps protect consumers from particularly intrusive data practices.
Enforcement: FTC, States, and Individuals
A major shift in APRA is its multi-layered enforcement model:
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Federal Trade Commission (FTC) will serve as the primary enforcer.
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State Attorneys General can pursue civil penalties and restitution.
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Private Right of Action: Individuals may, under certain conditions, sue for violations—giving consumers direct legal recourse.
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This combination of enforcement tools is designed to ensure compliance and give individuals greater agency to hold companies accountable.
What This Means for Businesses
Whether APRA becomes law or serves as the foundation for future legislation, companies should be paying attention:
- Privacy inventories will become essential.
- Data minimization practices (collecting only what’s necessary) will be expected.
- Consumer rights workflows (access, deletion, portability) will need automation.
- Transparency and documentation around data usage are table stakes.
Most privacy experts recommend treating APRA not just as a potential law, but as a benchmark for best practices—especially if your business operates across multiple states.
Where APRA Stands Now
As of early 2026, APRA remains a proposal in Congress, not yet law. While its bipartisan support reflects a growing consensus on the need for federal privacy rules, significant negotiation remains on preemption of state laws and enforcement specifics.
Still, the industry should prepare: comprehensive federal privacy standards are increasingly likely, and companies that act early will be better positioned to comply with whatever form the final legislation takes.
Final Thoughts
The American Privacy Rights Act represents the closest the U.S. has come to a unified federal privacy framework—and if enacted, could simplify compliance while elevating privacy protections for millions of Americans. Even in draft form, APRA provides a roadmap for how data privacy expectations are shifting, both legally and culturally.
Whether you’re a privacy pro, a compliance leader, or a business owner navigating digital transformation, the APRA conversation matters—and it’s one worth following closely.