Tuesday, November 05, 2019

The Case for Federal Preemption of California's Misguided Privacy Law

On October 28, the Free State Foundation published "California's Heavy-Handed Approach to Protecting Consumer Privacy: Exhibit A in the Case for Federal Preemption," a Perspectives from FSF Scholars paper by Adjunct Senior Fellow Andrew Long. His paper examines many troublesome aspects of that state's broad and onerous privacy law. And it emphasizes the importance of Congress passing a preemptive new data privacy law as well as the Federal Trade Commission taking action to secure a consistent federal standard for data privacy protection that is based on sound principles and provides for flexibile case-by-case enforcement. 

Mr. Long's Perspectives paper is worth a close reading. Its publication comes close on the heels of the release of the edited transcript of FSF's Seminar "Privacy Regulation: Why, What and When?"