Congress is currently considering a bill to require greater security for personal data. This is a good thing. The bill, H.R. 2221, requires companies holding electronic data containing personal information to adhere to certain security policies established by the Federal Trade Commission. And, the bill would require that companies notify individuals when their personal information is breached. This too is good. The bill also requires data brokers to establish procedures for individuals to review information being held about them and to make corrections if needed. All of this is good. Nevertheless, the bill contains a preemption provision – this part is bad, very bad.
The preemption provision would preclude or preempt state laws in the specific areas covered by the proposed federal law; many states have enacted tough consumer protection laws that would, in essence, be wiped from the books.
As the New York Times recently pointed out in an editorial addressing this bill: “Pre-emption of consumer laws is generally not a good idea. States should be allowed to offer their residents greater protections, and to experiment with new approaches. For the federal law to be worth passing, it must offer more than state laws do.” I could not have said it better myself.
The New York Times editorial can be read here: Protecting Electronic Data
Good Judge Bad Test
Friday, May 29th, 2009Slate Magazine (an online journal) points out the significance of Ricci’s claims and how his argument, if upheld, “…would undermine an important part of modern civil rights law.”
With the exception of deciding when to put armed forces in harm’s way, there is no greater decision a president will make than the selection of a Supreme Court Justice. Judge Sonia Sotomayor is a competent, qualified, and dedicated judge. She should be confirmed and confirmed promptly.
Slate’s article can be read here: Bad Test
Tags: San Francisco Injury Attorney comments on judge Sotomayor
Posted in Commentary | No Comments »