House of Representatives Considers Comprehensive Data Privacy Legislation

The enactment of a comprehensive national data privacy framework to replace the complex and costly patchwork of state laws has eluded the past three sessions of Congress.  Hoping to achieve that objective in the 119th Congress, on June 3, 2026, the House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade held a hearing, “Examining Legislation to Establish a Federal Comprehensive Privacy and Data Security Law,” which included consideration of H.R. 8413, the SECURE Data Act.

Subcommittee Chairman Gus Bilirakis (R-Fla.) described the legislation as follows in his opening statement:  “The SECURE Data Act takes the best ideas of the state privacy laws and incorporates many of the ideas developed over the past several years.  It seeks to establish meaningful consumer protections while creating a uniform standard that promotes innovation, economic growth, and regulatory certainty.”

Council for Citizens Against Government Waste (CCAGW) President Tom Schatz made a similar argument in his testimony submitted for the record.  In its current form, the SECURE Data Act “meets all the criteria for a comprehensive data privacy framework at the national level, providing much needed certainty and consistency for consumers and the companies that hold their information.”

The bill includes federal pre-emption of state laws, which eliminates the patchwork of state laws and regulations that raise costs and create confusion, and does not include a private right of action.  Enforcement is left to the Federal Trade Commission and state attorneys general.

Subcommittee Democrats expressed their concerns that the legislation sacrifices consumer privacy to corporations.  Their objections were typified by Rep. Kevin Mullin (D-Calif.), who said, “[H.R. 8413] protects companies that profit from personal data, places the burden on consumers to fight for control over their own information, and undermines stronger state-level protections already in place.”

However, these issues are addressed in the bill’s data minimization provisions, which prohibit data collectors from using consumer data in any way that is “not reasonably necessary or compatible with the disclosed purpose” without the user’s explicit consent.  H.R. 8413 also mandates that consumers may opt out of targeted third-party advertising, the sale of their personal data, and profiling.  Having to read the terms and conditions and un-click the check mark is difficult to classify as a “consumer burden.”

The subcommittee hearing is the first step in moving H.R. 8413 toward passage in the House and enactment by Congress of a national data privacy framework.  CCAGW will continue to support the legislation as introduced.