Observed Signal · Apr 22, 2026 · Regulation · Source: CNBC Technology · Impact: 4/5 · Sentiment: Negative
Congress introduces bills to preempt state privacy laws
Two companion bills — the SECURE Data Act (technology-focused) and the GUARD Financial Data Act (financial-services-focused) — were released to create a national data-privacy standard that would preempt nearly two dozen state privacy laws. Backed by House Energy and Commerce Chair Brett Guthrie (R‑Ky.) and House Financial Services Chair French Hill (R‑Ark.), the measures would grant consumers rights to access, correct and delete personal data and to opt out of targeted advertising and data sales. The bills would bar private lawsuits for privacy violations. Republican committee chairs are coordinating internally to secure votes in committee before seeking broader bipartisan support; first votes are expected as soon as next month. The bills aim to replace varied state rules with a single federal framework.
Federal legislation that would preempt nearly two dozen state privacy laws and limit targeting/opt-out mechanics is likely to reshape compliance, targeting practices, and ad operations across the advertising and financial-services ecosystems.
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Key Takeaways & Evidence Grounding
- Two bills introduced: the SECURE Data Act (tech) and the GUARD Financial Data Act (financial services).
- The measures would preempt nearly two dozen state data-privacy laws to create a single national standard.
- Bills would give consumers rights to access, correct, delete data and to opt out of targeted ads and data sales.
- Neither bill provides a private right of action; individuals would not be allowed to sue companies over privacy violations.
- House Energy and Commerce Chair Brett Guthrie (R‑Ky.) and House Financial Services Chair French Hill (R‑Ark.) support the bills and plan committee votes soon.
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SECURE Data Act's Odds of Passing Congress
House Republicans introduced the SECURE Data Act, a federal privacy bill that would create a single national privacy standard and preempt state privacy laws. The bill would apply to companies meeting relatively high consumer- and revenue-based thresholds (e.g., collecting personal data on >200,000 consumers and $25M+ revenue, or 100,000 consumers and ≥25% revenue from data sales). It embeds familiar privacy principles and consumer rights (access, correction, deletion, opt-out of targeted ads) and designates the FTC as the primary enforcer; there is no private right of action. Legal and industry experts quoted in AdExchanger generally describe the bill as business-friendly and note preemption remains the primary political obstacle, especially with California opposition. While some observers believe it could advance through committee, most interviewed express skepticism about it becoming law this Congress without major revisions.
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