Co-Sponsors Multistate Letter against Federal Preemption of States’ Ability to Legislate and Enforce Laws that Protect Consumers from Data Breaches and Identity Theft
Lincoln, NE – Joining a bipartisan effort to ensure that any future federal data breach notification or data security law is effective and provides consumers with the best protection, Attorney General Doug Peterson announced today that he co-sponsored a multistate letter to the U.S. Congress emphasizing the importance of maintaining states’ authority to enforce data breach and data security laws, and their ability to enact laws to address future data security risks.
Citing recent efforts in Congress to pass a national law on data breach notification and data security, AG Peterson, joined by 46 attorneys general, cautions against federal preemption of state data breach and security law and argues that any federal law must not diminish the important role states already play protecting consumers from data breaches and identity theft.
“When it comes to data security and breach issues, states are in a much better position than the federal government to protect its own citizens,” said General Peterson. “Preemption of state laws is not the answer to this ever-growing issue.”
The letter points out a number of concerns with federal preemption of state data breach and security laws, including:
The letter urges Congress to preserve existing protections under state law, ensure that states can continue to enforce breach notification requirements under their own state laws and enact new laws to respond to new data security threats, and to not hinder states that are helping their residents by preempting state data breach and security laws.
Today’s letter, co-sponsored by Arkansas, Connecticut, Illinois, Indiana, Maryland, Massachusetts and Nebraska, was also joined by the following states and territories: Alabama, Alaska, Arizona, California, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, North Mariana Islands, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, and West Virginia.