GOP Revives Federal Data Privacy Push, Setting Up Clash With States
House Republicans on Wednesday unveiled two data privacy bills aimed at creating a national standard for how companies handle consumer data, fueling a debate over whether federal law should override existing state protections.
The legislation aims to establish a universal data policy at the federal level, establishing a broader debate between federal and state authority over data privacy.
The SECURE Data Act would focus on broader data, including requirements on how companies can collect, use and share data, according to the bill’s text. Meanwhile, the GUARD Financial Data Act aims to restrict access to sensitive financial data and limit sharing of data with third parties without appropriate disclosure, according to its text. (RELATED: ‘Unprecedented Mass Surveillance’: Bipartisan Senators Warn of Privacy Threat from FISA Renewal)
Americans deserve control over their personal data.
Today, as a member of the Data Privacy Working Group, I am pleased to help introduce the SECURE Data Act with my colleagues on the working group. This bill establishes a national data privacy and security standard that gives… https://t.co/R8nbi5Qeaz
– Congressman Tom Kean (@CongressmanKean) April 22, 2026
Federal preemption may restrict states’ ability to enforce or enact laws stricter than federal standards, according to the Congressional Research Service.
Privacy analysts have warned that state laws with preemption provisions could override stricter state laws, limiting their ability to enact stronger protections.
The SECURE Data Act includes a “sweeping preemption provision” that would “invalidate every state privacy law” and other protections related to personal data, Alan Butler, executive director and president of the Electronic Privacy Information Center, told the Daily Caller News Foundation.
Butler added that the legislation would also “remove the right of consumers and state law enforcement authorities to bring actions under existing state laws,” calling it a “massive step backward” for privacy protections.
He also criticized the substance of the bill itself, saying it “does not include any meaningful privacy protections” and warning that its data rules would allow companies to widely collect and use the information provided it is disclosed.
Kentucky Republican Rep. Brett Guthrie and Pennsylvania Republican Rep. John Joyce said the legislation “establishes clear and enforceable protections to keep Americans responsible for their own data,” in a joint statement describing the SECURE Data Act. The lawmakers added that the proposal was developed by a working group to develop “a consensus bill,” noting that it incorporated input from stakeholders.
States across the country have already implemented their own comprehensive privacy laws, and more than 20 of them, including California, Virginia and Texas, have adopted such measures, creating a growing patchwork of regulations governing how companies collect and use data. The application and scope of consumer rights vary by state, and if these bills are passed, federal law could override existing, more stringent state protections.
In particular, California is known for having some of the strictest privacy laws in the country. Under the California Privacy Rights Act (CPRA), the state gives residents control over their personal information, including the right to know, delete, correct, and opt-out of the sale or sharing of their personal information.
WASHINGTON, DC – JUNE 13: U.S. Rep. French Hill (R-AR), Vice Chairman of the House Financial Services Committee, questions Treasury Secretary Janet Yellen during a hearing in the Rayburn House office building June 13, 2023 in Washington, DC. (Photo by Kevin Dietsch/Getty Images)
In recent years, companies have lobbied and lobbied for federal privacy laws to preempt stricter state regulations and avoid higher compliance costs. In 2024, tech companies hit a record lobbying spending of $85.6 million, according to Axios. Businesses face regulatory hurdles and increased legal risk due to inconsistent rules across states.
This pair of bills comes as Republican lawmakers push for federal regulation of technology. In March, President Donald Trump’s administration launched a push for an AI legislative framework aimed at protecting communities and preventing censorship.
Over the years, Congress has unsuccessfully attempted to enact comprehensive federal privacy legislation. In 2024, the American Privacy Rights Act advanced with bipartisan support before stalling in committee.
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