Attorney General Bonta Leads Coalition in Opposing Federal Legislation That Would Weaken State Privacy Protections

Federal data privacy law should not preempt strong state privacy laws  

OAKLAND — California Attorney General Rob Bonta yesterday led a coalition of 18 attorneys general and state agencies in opposing the Securing and Establishing Consumer Uniform Rights and Enforcement over Data Act (SECURE Data Act), a proposed federal data privacy bill. The SECURE Act would result in California’s landmark privacy law being replaced with weaker protections and would hamper the ability of California to adequately protect the privacy of its citizens. In the letter, the coalition calls on Congress to reject the SECURE Data Act, and to respect additional privacy protections states already grant their residents or would provide in future state-level legislation.

“Federal action to protect Americans' privacy is essential, but not at the expense of the strong state laws that already protect Californians. I join colleagues from across the country in opposition to the SECURE Data Act, federal legislation that would leave millions of consumers worse off and with fewer privacy protections,” said Attorney General Bonta. “As tech and data collection practices rapidly innovate, it is essential states keep our ability to respond just as rapidly to protect our residents from emerging privacy threats.” 

Since California passed the first comprehensive privacy law in 2018, numerous states have followed suit. For years, the California Consumer Privacy Act and other similar state laws give millions of Americans robust protections and rights to manage and control the use of their data. Comprehensive state privacy laws have set minimum data privacy standards, including heightened protections for minors and sensitive consumer data, limits on how data may be used and retained, and the ability for consumers to stop the sale of their data via a universal opt-out preference signal. The SECURE Data Act would wipe out these meaningful protections, making it harder for consumers to exercise their rights, give businesses more discretion on how to use and retain their data, and significantly limit enforcement remedies. 

In the letter, the coalition argues that the bill moves privacy rights in the wrong direction, leaving consumers worse off and with fewer protections. Any federal privacy framework must leave room for states to legislate responsively to changes in technology and data collection practices, as states are better equipped to address the unique needs of their citizens and quickly adjust to the challenges presented by technological innovation.

In sending the letter, Attorney General Bonta was joined by the attorneys general of Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Oregon, Vermont, Virginia, and Washington, as well as the California Privacy Protection Agency and the Hawai’i Department of Commerce and Consumer Affairs.