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Due to California, US Privacy Law Coming, NCTA's Cimerman, Markey Aide Say

Congress is likely to pass privacy legislation, hopefully this year (see 2002110055), due to the California Consumer Privacy Act, EU's law and Cambridge Analytica apparently misusing Facebook data, said NCTA Vice President-State Affairs Rick Cimerman Tuesday at NARUC. Businesses think…

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the CCPA will be costly and would prefer one national privacy standard instead of 50 possibly conflicting state laws, said Jordan Crenshaw, U.S. Chamber of Commerce policy counsel. Industry supports a pre-emptive federal law and opposes private right of action, he said. Such legislation moved from “if” to “when” after California passed a comprehensive law, and it can get bipartisan support, said Joseph Wender, senior policy adviser for Sen. Ed Markey, D-Mass. Once the state had a real privacy law, industry started applying pressure on Congress to save it from a patchwork of state laws, Wender said Tuesday. More state laws on the way will add pressure, he said. Congress must deal with “elephants in the room” including how much to pre-empt states, whether there will be a private right of action, and if there will be a federal rulemaking, the Markey aide said: “We’ll never do anything weaker than California.” Compromise is much more likely on privacy than on net neutrality, Wender said.