EPIC Deputy Director Tells Congress the SECURE Data Act is a Disaster for Americans 

WASHINGTON, D.C. — On Wednesday, EPIC Deputy Director and Policy Director Caitriona Fitzgerald testified before a subcommittee of the U.S. House Committee on Energy and Commerce to explain the incalculable ways the GOP’s SECURE Data Act would harm U.S. consumers. 

Representatives on both sides of the aisle stressed that Americans feel powerless to protect their most sensitive data; we all know that something needs to change.But as Fitzgerald emphasized in her opening statement, passing the SECURE Data Act would be worse than passing no federal data privacy bill at all. 

“Congress should not pass a federal privacy law that fails to address the very real data abuses and privacy harms that Americans are asking them to fix,” she said. “And it certainly should not strip Americans of privacy rights they already have.” 

The bill doesn’t protect Americans. It shields corporations from accountability. 

“You’ve heard today that this framework has been successful in the states,” Fitzgerald said. “But it hasn’t been successful for the people in those states.” 

Numerous Democrats on the Commerce, Manufacturing, and Trade subcommittee agreed: 

• “The partisan SECURE Data Act is not the strong, enforceable standard its sponsors describe,” said Rep. Frank Pallone (D-NJ), Ranking Member of House Energy & Commerce. “Rather than taking the strongest consumer protections from the existing state privacy laws, this bill is assembled from industry-friendly state privacy laws that had been pushed by Big Tech.” 

• “A national standard—although I understand the importance of preemption —is useless if it’s weak and it doesn’t actually give consumers control of their own data. And in fact, a national standard can be actually actively harmful if it overrides or fails to adequately replace the protections that have been passed already in dozens of states,” said Rep. Kim Schrier (D-WA). “I fear that [the SECURE Data Act] would be a net loss for my constituents.” 

• “I’m not going to mince words. I think this bill is an appalling betrayal of hardworking Americans,” said Rep. Kathy Castor (D-FL). 

The bill’s “fatal flaw,” as Fitzgerald testified, is the way its weak rules combine with the most expansive preemption option available to the federal government. “This bill would wipe out decades of state laws, causing chaos in our legal system,” she said. 

Though the Republican claim that the bill would protect Americans’ data and simplify compliance for businesses isn’t accurate, passing bipartisan legislation that would meet both of those aims is possible. 

We know what is needed: strong data minimization, heightened protections for sensitive data, limits on data-driven discrimination, and robust enforcement.  

EPIC knows that a truly comprehensive federal privacy bill is within our reach, and we look forward to working with any members who would like to help us realize that goal. 

Thank you to Ranking Member Pallone and to the subcommittee on Commerce, Manufacturing, and Trade for allowing us to testify to this important matter. 

A recording of the hearing is available here. 

Fitzgerald’s written testimony is available here. 

Please contact [email protected] with requests for further comment. 

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The Electronic Privacy Information Center (EPIC) was established in 1994 to protect privacy, freedom of expression, and democratic values in the information age. Our mission is to secure the fundamental right to privacy in the digital age for all people through advocacy, research, and litigation.