Who Should Regulate Data?: An Analysis of the California Consumer Privacy Act and Its Effects on Nationwide Data Protection Laws
Nicholas F. Palmieri III, Who Should Regulate Data?: An Analysis of the California Consumer Privacy Act and Its Effects on Nationwide Data Protection Laws, 11 Hastings J. Sci. & Tech. L. 37 (2020).
Posted: 12 Feb 2020
Date Written: January 1, 2020
With the passage of the California Consumer Privacy Act (CCPA), the state of California has taken a major step towards ensuring the data protection of individuals, following the lead of the European Union in its passage of the GDPR. However, in the rush to pass this law, California legislators have overlooked several key factors and may not have created a law with the types of protection that they may have truly desired. This paper analyzes some of the objective weaknesses of the CCPA, before delving into whether or not passage of the CCPA is even constitutional. Finally, analogizing to California's passage of data breach notification laws, this paper predicts how other states will react to passage of the CCPA.
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