Rep. Eshoo Introduces Amendment to Protect California Privacy Law in ADPPA

July 20, 2022
Press Release

WASHINGTON, D.C. – Energy and Commerce Health Subcommittee Chairwoman Anna G. Eshoo (CA-18) delivered the following remarks today at a full Committee markup after introducing an amendment to the American Data Privacy and Protection Act (ADPPA) to protect California’s ability to strengthen privacy protections in the future:


This amendment is not a carveout for California law. What it does is it simply sets a federal floor and allows all states, not just California, to provide additional rights in addition to those established by federal law.

The ADPPA contains strong privacy protections, particularly with regard to civil rights and child safety, especially after our friend Rep. Castor’s amendment was adopted.

This amendment would not affect those rights and protections.

It would simply let states strengthen them, including California, Washington, Illinois, and New Jersey.

States need the flexibility to respond to changes in technology and expand rights where necessary.

Just in the past few years we’ve seen the rise of TikTok, the expansion of machine learning and artificial intelligence, and the continued use of facial recognition.

Congress has not shown an ability to respond these changes in technology quickly, but states have, and California is especially one of them.

But this isn’t just about California. My amendment ensures that every state can continue to legislate in the best interests of their residents—your constituents as well as mine— as technology evolves and privacy needs change.

So that’s why I’m offering the amendment, Mr. Chairman. And I have heard members over the years, over and over and over again, talking about the laboratories of experimentation, the states the states the states.

This, in no way, impairs the federal legislation that’s being taken up. What it does recognize is that states are far more limber and what they have in place, yes the federal law, but they should be able to add to that.

I think this fencing off idea is not a good one.

With that, I yield back the balance of my time and I thank the Chairman for recognizing me.