March 3, 2023

AG Bonta Opposes Federal Data Privacy Act’s Preemption Language

Lori Kalani, Bernard Nash

Cozen O'Connor

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Cozen O'Connor

California AG Rob Bonta sent a letter to Congressional leaders opposing certain language in the American Data Privacy and Protection Act (ADPPA) because it prohibits states from enacting stricter state law privacy protections for their own residents. The letter was co-signed by California Governor Gavin Newsom and Executive Director of the California Privacy Protection Agency Ashkan Soltani.
The letter argues that the ADPPA should not preempt state law privacy protections and should set a ceiling rather than a federal floor like other existing federal privacy frameworks in order to give states the ability to protect residents by quickly responding to changes in technology and data collection practices.
The letter therefore asks Congress to ensure that the ADPPA is passed without a preemption clause to ensure states have space to legislatively innovate and respond to consumer protection issues as they emerge while also preserving current protections in California and sister states.

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