Ranking Senate Democrats Exploring Privacy Legislation, Seeking GOP Buy-In
Ranking Democrats on four Senate committees are exploring privacy legislation, Sen. Sherrod Brown, D-Ohio, told us Tuesday, the day after the group introduced related principles (see 1911180054). “We will likely move forward with [a bill], but we’re talking to Republicans about it, too,” the Senate Banking Committee ranking member said.
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Introducing the principles Monday were Brown; Senate Commerce Committee ranking member Maria Cantwell, D-Wash.; Senate Judiciary Committee ranking member Dianne Feinstein, D-Calif.; and Senate Education Committee ranking member Patty Murray, D-Wash. The group's discussing legislation based on committee jurisdiction, Brown said, and Republicans aren’t excluded.
One committee can’t assume it can pass a bill and send it directly to the floor, Cantwell told us. It will need buy-in from multiple committees, she said. She noted bipartisan discussions with Senate Commerce Committee Chairman Roger Wicker, R-Miss., are ongoing. “It’s better for the Democrats to say what our parameters are,” Cantwell said. “That’s what this is about. We’re still going to negotiate with those guys. It’s more about being clear because you’ve got all these committees, and they have to weigh in.” Wicker previously said a private right of action, included in the Democratic principles, is a nonstarter (see 1908010043). Cantwell acknowledged different groups are discussing different privacy bills, including Sens. Jerry Moran, R-Kan., and Richard Blumenthal, D-Conn.
“It’s all good,” Wicker told us when asked about Democratic efforts. “It’s an encouraging step.” He remains open to negotiating with the four Democrats and both parties in both chambers of Congress, he said. He still plans a post-Thanksgiving privacy legislative hearing, he told reporters Monday (see 1910310064).
“I remain very hopeful that the bipartisan work we've been doing for more than a year now will come to fruition,” Wicker said Monday. He acknowledged some of the Democrats' principles are likely to get GOP pushback, including a private right of action. That language “would be very harmful to the prospects of actually getting an actual standard that protects consumers and prevents a patchwork,” Wicker said.
Asked what Democratic efforts mean for bipartisan talks between Cantwell and Wicker, Sen. Brian Schatz, D-Hawaii, told us, "I don’t know. I’ve got to get out of the prediction business.” Having parallel privacy efforts is a good thing, he said. He noted various jurisdictions have claims to privacy, but Commerce is working without any existing privacy framework, like finance and health law, so it’s important his panel establish a baseline.
Senate Minority Leader Chuck Schumer, D-N.Y., directed questions to committee leaders “because it’s four different areas. ... I think it’s a good bill. No, not a good bill. The principles are good principles.” The group of four is “talking about” principles, but “that’s all I know,” Feinstein said. Her aide noted the Democratic caucus planned to discuss the privacy principles during Senate lunches Tuesday. “I will let the sponsors speak for themselves on that,” Murray said. “I’m not going to give out information on something that’s out of my hands.”