APARTMENT ADVOCATE
NATIONAL APARTMENT ASSOCIATION
NAA Responds to Comprehensive Data Privacy & Protection Legislation
The latest legislation seeks to create data privacy rights for consumers and add data security standards for businesses .
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 , costeffective method to ensure personal data safety will limit the liability of apartment owners and operators , as well as uphold an excellent business reputation .
42 | TRENDS AUGUST 2022 www . aamdhq . org