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Colorado AG Says States Stepping Up in Federal Privacy 'Vacuum'

COVID-19 and data security/privacy have something in common when it comes to federalism and states' rights, said Colorado's attorney general. AG Phil Weiser (D) equated the federal response to the pandemic and to privacy issues as a second-best scenario, where…

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states are taking the lead. "In an ideal world, we’d have a first-rate national response to the pandemic where testing capability was developed by the federal government and the states were working collaboratively following the lead of the feds. That’s not the world we’re in right now," he said on a Technology Policy Institute podcast emailed to stakeholders Thursday and taped a week earlier. "We’re in the theory of the second best where the states have effectively been on their own and have been able to, in many cases, including Colorado, reasonably rise to this challenge. That’s actually the case with, right now, data privacy and data security." With no federal privacy law, Weiser described a "vacuum. And so states are now doing their own data privacy." On antitrust generally, the official said enforcement has been too lax. "We have seen concentration in almost every industry such that our economy is more concentrated now than it’s probably ever been," Weiser said. The attorney general hasn't "taken a position on a federal bill" in terms of what specifics he seeks, his spokesperson emailed us. "He does think federal action is needed." As of Sept. 1, 2018, Colorado law required "covered persons and entities to take reasonable steps to protect" personal identifying information. And data security breaches require "detailed notice to consumers and, in certain circumstances, notice to the Attorney General," says the AG's office.