California Republicans Push Back on Federal Data Privacy Preemption

February 22, 2019

A group of California Republican Assembly members urged Congress not to preempt the California Consumer Data Privacy Act, but rather to “allow California and other states to continue to adopt pro-privacy policies that protect consumers and hold bad actors accountable.”

“California will continue to take aggressive action in order to protect our right to privacy in the digital age,” the letter reads.  This month, the authors have sponsored legislation that would add several mandates to the CCPA.

In Congress, many California Representatives are insisting that the California law should be the floor upon which a federal law would be built.

Why it matters: The letter suggests that a preemptive federal privacy law could face resistance from both Republicans and Democrats, who are already uniting around opposing preemption in a federal privacy law.  The result could be even stronger requirements in a federal law, with preemption used as a bargaining chip, as Sen. Ed Markey (D-MA) has suggested.