Cantwell Willing to Support Federal Preemption in Privacy Bill

Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us Wednesday she’s willing to support federal preemption in a privacy bill with ranking member Roger Wicker, R-Miss. But a consumer’s right to sue remains a sticking point, she added. The development follows a May 16 meeting between Wicker and Cantwell, which was an effort to renew privacy negotiations, ongoing since 2018 (see 2205130058).

“We basically said, ‘Yes, we’re willing to do federal preemption, set these standards so that we have a federal policy,” Cantwell said Wednesday. But consumers need a private right of action when there’s “substantial harm,” she added. “That’s been the sticking point. We’ve been having discussions about that, and that’s where we need to finish our work.”

Wicker said the May 16 discussion was a “substantive meeting.” He noted Wednesday they exchanged draft language with House Commerce Committee Chairman Frank Pallone, D-N.J., and ranking member Cathy McMorris Rodgers, R-Wash., throughout the process. Wicker has said in the past he's open to a narrow private right of action (see 2109290076).

Congressional leaders are working to “finalize a bipartisan national standard on privacy protections and data security” that will give consumers greater control over their personal data, said a source close to the discussions. Leaders “are building support for the proposal and engaging privacy stakeholders as they work to finalize the agreement.”

Offices for Pallone and Rodgers didn’t comment. Cantwell said she’s hopeful for a June markup on various tech bills. “Getting a strong bill is imperative, and I’m still hopeful,” she said. “I hope in June we’ll be able to come and mark these bills up. We have a whole backlog of bills in regards to our colleagues' information-age issues, which we wish we could have gotten to before now, but I think we’re prepared to go to those in June.”

Senate Minority Whip John Thune, R-S.D., and Sen. Brian Schatz, D-Hawaii, in April hinted at a potential markup for their Platform Accountability and Consumer Transparency (Pact) Act (see 2204060074). Schatz told us this week he had no update about the bill. Neither he nor Thune had any information about ongoing privacy discussions. “It would be great” if the four corners could come to an agreement, said Thune: “I’ve been working on privacy for at least the last decade. It would be a breakthrough if there’s actually something that has buy-in.”

There’s tentative language being shared with stakeholders, one tech lobbyist told us Wednesday. Much of the language remains bracketed, meaning it’s very much still in the drafting phase, the lobbyist said. There’s talk among the various sides, but Cantwell’s position remains unclear, said one consumer advocate.

Cantwell said House and Senate counterparts continue to talk. Asked about a potential agreement among Pallone, Rodgers and Wicker, Cantwell said, “I don’t know that that’s the case, so no comment.” A Cantwell staffer said in April that members are loosening up on specific provisions that have held back negotiations, including a private right of action and state preemption (see 2204120062).