American Privacy Rights Act

The APRA is a significant bipartisan effort to establish comprehensive data privacy legislation in the United States. Regarding Dark Patterns, the Act would prohibit dark patterns used to distract a consumer from a required notice, impair the ability to access their rights, or get consent. It extends jurisdiction to include nonprofit organizations and common carriers, with exemptions for small businesses. Key provisions include a private right of action, stringent data minimization requirements, and affirmative express consent for sensitive data transfer. The bill prioritizes protection for minors and imposes additional obligations on large data holders, high-impact social media companies, and data brokers. Covered entities must designate qualified privacy and data security officers and undergo annual compliance certification. The FTC will oversee enforcement of the APRA, marking a significant step toward enhancing data privacy rights nationwide.