The Data Privacy Compromise: Reconciling State and Federal Regulatory Regimes on the Path to Preemption

Today, it is easier than ever before for business entities to collect and sell our data, and most consumers lack comprehensive knowledge of how they can protect their data or recognize the true extent of potential exposure. Although data privacy regulation is gearing up among U.S. states, federal legislators have been stagnant in regard to passing a federal data privacy law. Without clearer, broader protections for consumers, many will be left to deal with overlapping laws and confusing procedures for pursuing legal remedies. The relationship between federal and state regulation is best maintained when Congress carefully balances the different roles of each. In the context of data privacy, some legislators believe that the states should enact their own laws without federal interference, as some already have, while others believe that federal preemption is imperative to achieving the most efficient protection for consumer data. As the pressure piles on for Congress to pass a federal privacy law, a balanced approach is key to moving forward. This Note proposes a happy medium and explores a multilayered approach to preemption to achieve a uniform baseline for protection without displacing the states’ valuable regulatory role in the data privacy sphere

Spartan Daily, December 10, 1934

Volume 23, Issue 53https://scholarworks.sjsu.edu/spartandaily/2232/thumbnail.jp

The regulation of unsolicited electronic communications (SPAM) in South Africa : a comparative study

The practice of spamming (sending unsolicited electronic communications) has been dubbed “the scourge of the 21st century” affecting different stakeholders. This practice is also credited for not only disrupting electronic communications but also, it overloads electronic systems and creates unnecessary costs for those affected than the ones responsible for sending such communications. In trying to address this issue nations have implemented anti-spam laws to combat the scourge. South Africa not lagging behind, has put in place anti-spam provisions to deal with the scourge. The anti-spam provisions are scattered in pieces of legislation dealing with diverse issues including: consumer protection; direct marketing; credit laws; and electronic transactions and communications. In addition to these provisions, an Amendment Bill to one of these laws and two Bills covering cybercrimes and cyber-security issues have been published. In this thesis, a question is asked on whether the current fragmented anti-spam provisions are adequate in protecting consumers. Whether the overlaps between these pieces of legislation are competent to deal with the ever increasing threats on electronic communications at large. Finally, the question as to whether a multi-faceted approach, which includes a Model Law on spam would be a suitable starting point setting out requirements for the sending of unsolicited electronic communications can be sufficient in protecting consumers. And as spam is not only a national but also a global problem, South Africa needs to look at the option of entering into mutual agreements with other countries and organisations in order to combat spam at a global level.Mercantile LawLL. D