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SECURE Data Act Privacy Fight
Coverage from Hunton Andrews Kurth LLP, JD Supra, and others
Articles
49
Active Days
101
The Topic
Congressional debate has hardened around the SECURE Data Act, a federal privacy bill that would replace much of the state-law patchwork with one national standard, limit private lawsuits, and expand FTC-led enforcement. The main fault line is whether federal preemption and narrower remedies would weaken stronger state protections, especially for biometrics, data brokers, and sensitive data.
First Article: 04/16/26
Latest Article: 07/25/26
Summary
- The SECURE Data Act is the dominant current development, and it would establish a national consumer privacy framework while preempting many state laws.
- The main dispute is enforcement design: the bill relies on the FTC and state attorneys general, but omits a private right of action for consumers.
- Supporters present the bill as a way to reduce compliance fragmentation across states; critics see it as a weaker federal floor that displaces stronger state protections.
- Data broker transparency is a recurring element, with proposals for FTC registration and consumer search or registry tools.
- Sensitive data handling remains central, especially around health, geolocation, financial, biometric, and children's data.
- Cross-border data flow language and codes of conduct appear as a secondary policy layer in the draft.
- Opposition is strongest from privacy advocates and some state regulators, especially in states with more developed privacy and biometric rules.
History
The story has shifted from a general fight over federal preemption to a more specific debate over the SECURE Data Act’s enforcement mechanics and carveouts. The current version adds that the bill would rely on FTC/state AG enforcement, bar private lawsuits, and raise new concerns around data brokers, biometrics, and other sensitive-data rules.
The main update is a reframing of the SECURE Data Act from a bill that mainly preempts state privacy laws into one that more explicitly adds a national framework with expanded consumer rights and tighter federalized enforcement. The latest version also broadens the criticism to include biometric, AI, retention, and civil-rights concerns.
Featured
04-22-2026
The U.S. House Energy and Commerce Committee announced April 22, 2026, the SECURE Data Act to create a uniform federal consumer privacy law enforced by the FTC and state attorneys general.
04-30-2026
SECURE Data Act 2026 introduced April 22, 2026 would set national U.S. privacy standards, expanding FTC and Commerce oversight and adding access, deletion, and opt-in sensitive data rules.
04-23-2026
Rep. John Joyce and Rep. Brett Guthrie introduced the SECURE Data Act on April 22, proposing FTC-led enforcement and broad preemption of state privacy laws.
Timeline: 101 Days
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Additional Articles
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House Republicans introduced the SECURE Data Act on federal privacy and FTC data broker registry requirements, but privacy advocates warned exemptions and preemption weaken consumer protections.
House Energy and Commerce Republicans introduced the SECURE Data Act draft in the USA to create a federal privacy standard that preempts state laws.
Rep. John Joyce introduced the SECURE Data Act to create a preemptive federal privacy baseline enforced by the FTC and state attorneys general, with defined business and data broker thresholds.
House Republican committees unveiled the SECURE Data Act to create a federal privacy standard enforced by the FTC while preempting state privacy laws.
House Republicans introduced the Secure Data Act in the U.S. Congress to expand opt-out privacy rights and FTC and state enforcement, drawing opposition over preemption and limited remedies.
Future of Privacy Forum and CalPrivacy stakeholders debated the SECURE Data Act on June 3 hearing timing, centering disagreements on federal preemption, opt-out signals, dark patterns, data broker deletion, and enforcement.
House Energy and Commerce will hold a June 3 hearing on H.R. 8413 SECURE Data Act, proposing a preemptive federal privacy framework amid large breach events.
House Energy and Commerce Committee Privacy Working Group introduced SECURE Data Act on April 22, 2026 to create a preemptive federal consumer privacy framework.
Rep. John Joyce introduced the SECURE Data Act on April 22, 2026, proposing FTC and state enforcement of national consumer privacy rights with broad preemption over state laws.
Congress introduces the SECURE Data Act to create a federal consumer privacy standard with FTC and state attorney general enforcement and a national data broker registry.
House Energy and Commerce Committee released the SECURE Data Act on April 22, 2026, proposing federal consumer privacy rights, opt-out rules, and state-law preemption.
On 21 April 2026, House Republicans introduced the SECURE Data Act (H.R. 8413) to create a national U.S. privacy standard with consumer rights and FTC-led enforcement.
House Republicans introduced H.R. 8413 SECURE Data Act in April 2026 to create a national consumer privacy standard, FTC data broker registry, and opt-in consent rules.
John Joyce introduced the SECURE Data Act on April 21, 2026 to create federal consumer privacy rights enforced by the FTC and state attorneys general.
House lawmakers introduced the SECURE Data Act on April 21, 2026 to standardize U.S. consumer privacy rights and enforcement after a 45-day cure period.
Guthrie and Joyce introduced HR 8413 on April 22, 2026 to create a federal consumer privacy standard enforced by the FTC and state attorneys general.
Congress introduced the SECURE Data Act in the U.S., while recent jury verdicts against Google LLC and Meta Platforms Inc. highlighted app tracking and sensitive data collection concerns.
House Energy and Commerce Committee privacy working group introduced the SECURE Data Act on April 22, 2026, proposing a uniform national privacy standard that preempts state laws.
The SECURE Data Act H.R. 8413 was introduced in April 2026 to create nationwide consumer privacy rights, sensitive-data opt-in consent, and FTC-managed data-broker registration while preempting many overlapping state privacy laws.
On April 22, 2026, the House Energy and Commerce Committee announced the SECURE Data Act, a federal privacy proposal with broad individual rights and FTC-led enforcement.
June 3, 2026 House hearing reviewed the SECURE Data Act, a proposed federal privacy law featuring state-law preemption and FTC-led data broker registration.
EFF criticized the proposed SECURE Data Act in 202x for broad federal preemption, weak privacy defaults, and lack of a private right of action, limiting consumer enforcement.
In June 2026, US Congress considered SECURE Data Act (HR 8413) and S.4211, which would create federal consumer privacy rights and preempt stronger state rules.
House Energy and Commerce released the SECURE Data Act discussion draft in the United States, proposing FTC and state AG enforcement, broad state preemption, and no private right of action.
U.S. House Republicans introduced the SECURE Data Act in 2026 to create an FTC-enforced national privacy standard that preempts state laws for covered companies.
House committees announced SECURE Data Act and GUARD Financial Data Act to strengthen federal consumer privacy rights, consent, and enforcement for personal and financial data.
The House Energy and Commerce Committee Privacy Working Group introduced the Secure Data Act on April 22 to create FTC-enforced federal privacy duties addressing data collection and consumer rights in the United States.
The SECURE Data Act draft faces criticism in the United States for lacking civil rights protections, omitting private enforcement rights, and imposing broad preemption on state privacy laws.
Guthrie and Joyce introduced HR 8413 on April 22, 2026, proposing FTC and state enforcement of federal consumer privacy rights and obligations in the U.S.
On June 3, 2026, H.R. 8413 supporters backed the SECURE Data Act, a federal privacy preemption bill introduced by Rep. John Joyce.
SECURE Data Act proponents argue for federal U.S. privacy rights, sensitive-data permission requirements, and a data broker registry while urging stronger enforcement and narrower preemption.
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California AG Rob Bonta led 18-state coalition in a congressional letter urging rejection of the SECURE Data Act to prevent federal preemption from weakening state privacy and consumer protections.
House Energy and Commerce Committee introduced the SECURE Data Act in April to set a federal privacy standard, but opposition focuses on broad state-law preemption and weaker data-broker obligations.
House Energy and Commerce Committee Republicans are preparing draft national privacy legislation for May, debating whether consumer private lawsuits replace state and FTC enforcement.
House Energy and Commerce Committee Republicans planned a national data privacy bill release within two weeks, proposing federal preemption of state laws and regulator-only enforcement.
House subcommittee hearing on June 3, 2026 considered H.R. 8413, the SECURE Data Act, proposing FTC and state AG enforcement for a federal privacy framework.
Hawaiʻi Office of Consumer Protection joined attorneys general in opposing the SECURE Data Act on June 15, 2026, warning that federal privacy preemption would limit stronger state protections and enforcement.
Led by California Attorney General Rob Bonta, 18 state attorneys general and privacy authorities asked Congress to reject the SECURE Data Act because federal preemption could weaken state privacy laws and enforcement.
House Energy and Commerce Subcommittee held a SECURE Data Act hearing to advance a federal pre-emption privacy bill introduced April 21, 2026.
On June 3, a House Energy and Commerce subcommittee held a hearing on H.R. 8413, the SECURE Data Act, addressing national privacy preemption versus stronger state protections.
Public Knowledge criticized the SECURE Data Act introduced by Rep. John Joyce for preempting state privacy laws and shifting enforcement away from private lawsuits.
House Republicans unveiled U.S. bills to set national data privacy standards, including Gramm-Leach-Bliley modernization for banks and customer data safeguards.
Consumer Reports criticized the SECURE Data Act introduced in the House Energy and Commerce Committee, arguing preemption would weaken state consumer privacy protections.
EPIC used the 2024 Protecting Americans Data from Foreign Adversaries Act to challenge Google real-time bidding after federal privacy reform stalled on digital surveillance.
House committees announced SECURE Data Act in April to create a preemptive national privacy standard enforced by the FTC and state attorneys general.
Nick Krosse and SECURE Data Act proposal address U.S. federal privacy law uncertainty as 21 states expand comprehensive privacy requirements.