Brian Focht: Can the American Privacy Rights Act find a path to survival?

Does the inclusion of both a private right of action and a general preemption of overlapping state laws (not limited to privacy, but also including AI or confidential information) condemn the APRA to the fire?

Brian Focht is a cybersecurity and data privacy attorney practicing in Charlotte, North Carolina. His legal practice is focused on helping clients ranging from individuals to international corporations, and involves nearly every aspect of law that touches on cybersecurity and data privacy, including identity theft, internal corporate policies and procedures, data breach response and recovery, and litigation. He is a 2003 Graduate of the University of North Carolina at Chapel Hill, a 2007 Graduate of the Wake Forest University School of Law, and a Certified Information Privacy Professional (U.S.) and AI Governance Professional.

In addition to his legal practice, he is the founder and co-host of the Fearless Paranoia podcast, which attempts to make the world of cybersecurity more accessible and understandable to those not in the IT industry. On top of that, Brian maintains the Resilience Cybersecurity and Data Privacy blog, offering tips and suggestions for keeping yourself safe in the increasingly hazardous digital world.

References:

• Law Offices of Brian C. Focht
• Brian Focht on LinkedIn
• Updated text of the American Privacy Rights Act (May 2024) 
• Biometric Information Privacy Act (Illinois)
• My Health My Data: Addressing the collection, sharing, and selling of consumer health data (Washington)
• EU-US Data Privacy Framework
• EFF: Sunsetting Section 230 Will Hurt Internet Users, Not Big Tech 
• Colorado’s new AI Act (Hogan Lovells)
• Vermont Legislature passes data privacy bill that could shape national efforts (Vermont Public)
• Fearless Paranoia (Podcast)