One of the contentious aspects of a potential federal privacy law, data security law, or data breach notification law are the questions of whether and to what extent such laws should preempt otherwise applicable state privacy and data security statutes. Oftentimes, the positions that are advocated for on this issue are driven more by political considerations than policy considerations. From a broad policy perspective, what are the arguments for and against?
On April 14, Sheryl Falk will serve as a dialogue leader on Federal preemption of State privacy laws at The Sedona Conference Working Group 11 on Data Security and Privacy Liability. The discussion will include state and government regulators and will address preemption vs. floor preemption, and how the arguments for and against preemption are affected by where the federal privacy law lands on issues like what the law requires and prohibits, who is permitted to enforce it, what courts are available for its enforcement, and what remedies are available in those courts. The Sedona Conference's mission is to move the law forward in a reasoned way.
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