States Are Coming to the Fore of Privacy in the Digital Era

Vol. 6 No. 6

By

Ganka Hadjipetrova is the principal at Hadjipetrova Law in Palo Alto, California. Her practice focuses on intellectual property, privacy, and corporate transactions law in the context of start-up businesses. Hannah G. Poteat is a solo practitioner in San Francisco, California. Her practice focuses on privacy and Internet law.

This article proposes that in the absence of a baseline federal privacy law, states are becoming primary legislative and policing authorities in the area of privacy and data security. The article offers a brief exploration of the factors behind the states’ rising importance for the law of privacy. An overview of recent state legislative plans, particularly of the so-called “California effect,” and of state attorneys general initiatives illustrates the leadership role states have assumed in privacy rulemaking and enforcement.

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