In this second post of a two part-series for Privacy Tracker, Peter Swire, CIPP/US, looks at the issue of preemption of state laws in potential U.S. federal privacy legislation and tackles issues that are likely to arise from actual suggested legislative texts. "More than many have realized, preemption is a technically complex subject, as well as being politically controversial." Swire points out 13 specific issues, noting that "Put simply, to avoid unintended consequences on other areas of law, a federal privacy preemption provision will need to contemplate interactions with a much bigger range of laws than many have realized." Editor's Note: The first in this series is available here.
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