Congresswoman says no to ADPPA, citing preemption of California law, reproductive health loophole

Congresswoman Anna Eshoo (D-CA) voted against American Data Privacy and Protection Act (ADPPA), citing preemption of California law and a concern about reproductive privacy health in the wake of Dobbs.

Key points:

The Federal law should be a floor and not a ceiling:

“While I’m sensitive to industry concerns that we don’t create a patchwork system of regulations, Congress has historically addressed this by allowing states to enact stronger protections when practicable and compatible. States need flexibility to respond to changes in technology and expand rights where necessary. Governor Newsom, Attorney General Bonta, and the California Privacy Protection Agency have all echoed my concerns that the federal legislation diminishes consumer protections in California. While this law would be an improvement for much of the country, I can’t say the same for my constituents and all Californians.”

The Federal law should protect the privacy of reproductive health information in search histories and mobile apps from access by law enforcement:

“The bill also has a loophole that could allow law enforcement to access private data to go after people seeking abortions. For example, under this bill, a sinister prosecutor in a state that criminalizes abortion could use women’s intimate data from search histories or from reproductive health apps against them. In this new post-Roe world where the Supreme Court has stripped away the rights of women …, this loophole must be addressed.”

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