06/02/2026
Tomorrow, the House Energy & Commerce Committeeโs Subcommittee on Commerce, Manufacturing, and Trade will convene a hearing on the Securing and Establishing Consumer Uniform Rights and Enforcement over Data (SECURE Data Act), a proposed federal comprehensive privacy law.
FPF Senior Counsel Jordan Francis, FPF Policy Counsel Daniel Hales and FPF Senior Director Tatiana Rice recently put together comprehensive analysis on the new Republican lead bill which was released on April 22. They address how the SECURE Data Act mirrors the key terms, rights, obligations, and overall structure common to most state comprehensive privacy laws, drawing on the Washington Privacy Act (WPA) framework, though its specific provisions tend to follow the narrower iterations of that framework.
The blog post provides a detailed overview and how the bill:
โข resembles narrow iterations of t๐ฉ๐ฆ ๐๐๐ ๐ค๐ฐ๐ฏ๐ต๐ณ๐ฐ๐ญ๐ญ๐ฆ๐ณ/๐ฑ๐ณ๐ฐ๐ค๐ฆ๐ด๐ด๐ฐ๐ณ ๐ง๐ณ๐ข๐ฎ๐ฆ๐ธ๐ฐ๐ณ๐ฌ such as those in Kentucky, Iowa, Tennessee, Utah and more recently Alabama;
โข adopts particular ๐ฏ๐ข๐ณ๐ณ๐ฐ๐ธ ๐ข๐ฑ๐ฑ๐ณ๐ฐ๐ข๐ค๐ฉ๐ฆ๐ด used by only a handful of states, like the broad pseudonymous data exception for consumer opt-out rights in Tennessee, Iowa, Florida, and Alabama, or the absence of data protection impact assessments like in Iowa, Utah, and Alabama;
โข includes elements beyond ๐ต๐บ๐ฑ๐ช๐ค๐ข๐ญ ๐ด๐ต๐ข๐ต๐ฆ ๐ฑ๐ณ๐ช๐ท๐ข๐ค๐บ ๐ง๐ณ๐ข๐ฎ๐ฆ๐ธ๐ฐ๐ณ๐ฌ๐ด such as a federal data broker registry, the classification of teensโ data (ages 13 to 16) as sensitive data requiring parental consent, recognition of Global CBPRs as approved codes of conduct, and more; and
โข could override state comprehensive privacy laws, sectoral laws, and data broker laws due to its scope and ๐ฃ๐ณ๐ฐ๐ข๐ฅ ๐ฑ๐ณ๐ฆ๐ฆ๐ฎ๐ฑ๐ต๐ช๐ฐ๐ฏ ๐ญ๐ข๐ฏ๐จ๐ถ๐ข๐จ๐ฆ.
Read more of FPFโs breakdown of the bill and key observations ahead of the hearing:
The House Committee on Energy and Commerceโs Republican data privacy working group released their long-awaited comprehensive consumer privacy bill on April 22, titled the โSecuring and Establishing Consumer Uniform Rights and Enforcement Actโ (SECURE Data Act) (H.R. 8413). Compared to prior fe...