July 22, 2022

Bonta Leads Coalition Calling Federal Consumer Privacy Legislation Without State Preemption

Bernard Nash

Cozen O'Connor

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Cozen O'Connor

California AG Rob Bonta, together with AGs from ten other states, sent a letter urging Congressional leadership to advance consumer privacy legislation that provides a federal ‘floor’ for consumer privacy rights without preempting the states from passing and enforcing more rigorous and protective state privacy laws.
In the letter, the AGs urge Congress to ensure that any federal legislation enacted does not undermine protections states have already established, including the privacy laws recently enacted in California, Colorado, Connecticut, Virginia, Utah, and Nevada. The letter notes how states have a unique ability to quickly adapt their laws to meet challenges presented by new technological advances without impeding business or innovation at the federal level.
The AGs advocate that Congress should adopt a federal baseline for privacy protections, but continue to allow states to adopt additional protections for consumers residing in their jurisdictions; an approach the states note has been effective in other consumer privacy contexts, such as laws relating to health and children’s privacy. Citing HIPAA as an example, the AGs note that the law only preempts state laws that are contrary to the federal law’s mandated protection for health information.
The AGs expressed concern regarding preemption language contained in the American Data Privacy Protection Act and the Consumer Online Privacy Rights Act bills that would preempt many states’ ability to investigate.

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