What is your opinion on the following?: The question is: should Congress adopt the California Consumer Privacy
Question:
What is your opinion on the following?:
The question is: should Congress adopt the California Consumer Privacy Act (CCPA) as Federal law, and if so, what are the advantages and disadvantages of this approach? Title 1.81.5. CCPA of 2018 [1798.100-1798.199.100] grants California residents more control over their personal information, including the right to opt-out of third-party data sales, receive information on collected data and CCPA rights, and have data disclosed and deleted without discrimination, in addition to other expand privacy protections. However, Article VI, Paragraph 2 of the United States Constitution establishes that federal law takes precedence over state laws, including state constitutions. Despite all 50 states having their own statutes, adopting the CCPA, similar to the EU's GDPR, nationally would have both benefits and drawbacks. On one hand, federalizing the CCPA would establish a consistent standard without excluding existing state and federal laws, and would provide crucial criteria for states to enact strict statutes. Conversely, individual states could still create stricter or additional protections, leading to the same fragmented system of state restrictions. This could result in litigation over federal data and privacy violations, requiring courts to determine which laws should take precedence. Preemption, which allows federal laws to override state laws in case of conflict, should be carefully considered by Congress if the CCPA is adopted as federal legislation. In Murphy v. NCAA, Justice Alito wrote in his opinion, preemption is based on the Supremacy Clause and is not an independent grant of legislative power, it provides a "rule of decision." Here, if adopted as federal law, the CCPA could preempt some state privacy laws. Therefore, to preserve existing state statutes and ensure that the statutory language addresses how the current laws cover and handle data. Careful consideration by Congress is crucial. Overall, comprehensive attention should be given to these limitations when nationalizing the CCPA.
Business Ethics A Stakeholder And Issues Management Approach
ISBN: 9781523091546
7th Edition
Authors: Joseph W. Weiss