Overview
As consensus is reached on many aspects of federal privacy legislation, preemption is taking center stage in both the Senate and the House. Although frequently presented as a binary choice between preemption and no preemption, in truth there is great flexibility in the extent to which Congress may choose to preempt State laws.
FPF Resources
Recommended Reading
- Federal Preemption: A Legal Primer (July 2019) Congressional Research Service
- Peter Swire, US federal privacy preemption, part 1 & 2 (IAPP)
- Paul M Schwartz, Preemption and Privacy, 118 Yale L.J. 902, 912 (2009)
- Compilation of State and Federal Privacy Laws by Robert Ellis Smith
- U.S. Private-Sector Privacy, Second Edition, Peter Swire, DeBrae Kennedy-Mayo
- Joseph L. Seidel, The Consumer Credit Reporting Reform Act: Information Sharing and Preemption, 2 N.C. Banking Inst. 79 (1998)
- Patricia L. Bellia, Federalization in Information Privacy Law, 118 Yale L.J. 868 (2009)
- Margot E. Kaminsky, Drone Federalism: Civilian Drones and Things They Carry, 4 Cal. L. Rev. Circuit 57 (2013)
- Bilyana Petkova, The Safeguarding of Privacy Federalism, 20 Lewis & Clark L. Rev. 595 (2016)
- Ira S. Rubinstein, Privacy Localism, 93 Wash. L. Rev. 1961 (2018)
- For an industry perspective, see Brad Smith, Senior Vice President, Gen. Counsel, Microsoft Corp., Protecting Consumers and the Marketplace: The Need for Federal Privacy Legislation (Nov. 2005)