NAA Responds to Comprehensive Data Privacy and Protection Legislation

The latest legislation seeks to create data privacy rights for consumers and add data security standards for businesses. Learn more.

By Maria Spencer |

July 5, 2022 |

Updated July 5, 2022

2 minutes

Several weeks ago, a bipartisan and bicameral group of Members of Congress introduced legislation to address a comprehensive privacy law. The American Data Privacy and Protection Act (ADPPA), H.R. 8152, would create certain data privacy rights for consumers and add privacy by design and data security standards for businesses. The National Apartment Association (NAA) and the National Multifamily Housing Council (NMHC) submitted a joint letter to the House Energy and Commerce Committee outlining our willingness to work with Congress on these matters. 

On June 27, 2022, this bill passed the House of Representatives; however, ADPPA faces additional challenges in the legislative process. For one, Senate Commerce Committee Chairman Maria Cantwell (D-WA) has raised numerous concerns about the House bill, as have some stakeholders in the business community.

NAA's Position on Data Security

Congress should enact legislation that will create a single national data security and breach notification standard that is reasonable, flexible and scalable. This would include:

  • Federal preemption of the existing state laws;
  • Reasonable, flexible and scalable national standard for data protection;
  • Clear assignment of financial and legal liability related to data breaches;
  • A requirement that third-party service providers notify their customers of any breach and allow them to notify the consumer of the breach.

What’s Next

We hope that Congress will soon address data privacy issues so that our members are provided the clarity needed in handling data as part of business operations. ADPPA should be applauded for bringing lawmakers to the table; however, it is unclear if the bill has the support it would need currently for final passage without addressing some outstanding concerns. 

The NAA Government Affairs team will continue to monitor these proposals as they move through Congress and advocate for legislation that creates a secure, cost-effective method to ensure personal data safety will limit the liability of apartment owners and operators, as well as uphold an excellent business reputation. 

For more information, please view NAA's data security policy page.