UW Privacy Office

January 11, 2019

US federal privacy preemption part 1: History

Source: International Association of Privacy Professionals, Jan. 9, 2018

US federal privacy preemption part 1: History of federal preemption of stricter state laws

One of the most complex and politically charged aspects of such legislation is whether and to what extent a new federal law would “preempt” state privacy protections. To answer that question, it is worthwhile to first examine the history of how previous federal privacy legislation has handled preemption issues, which I’ll tackle in this piece; and then look at the preemption issues (I count roughly a dozen) that have already arisen in recent discussions of possible federal privacy legislation (see part 2).