Abstract
In 2018, California passed an extensive data privacy law. One of its most significant features was the inclusion of “inferences drawn” within its definition of “personal information.” The law was significantly strengthened in 2020 with the expansion of rights for California consumers, and new obligations on businesses, including the incorporation of GDPRlike principles of data minimization, purpose limitation, storage limitation, and the creation of an independent agency to enforce these laws. In 2022, the Attorney General of California issued an Opinion that provided for an extremely broad interpretation of “inferences drawn.” Thereafter, the American Data Privacy Protection Act was introduced in the United States Congress. This law does not provide nearly the protection for inferences that California law does, and this federal bill threatens to preempt almost all of California’s data privacy law. This article argues that, given the importance of California being able to finally regulate “inferences drawn,” any federal bill must either provide similar protection, exclude California law from preemption, or be opposed.
Last Page
88
Recommended Citation
Jordan M. Blanke,
The CCPA, "Inferences Drawn," and Federal Preemption,
29
Rich. J.L. & Tech
53
(2024).
Available at:
https://scholarship.richmond.edu/jolt/vol29/iss1/2