Sec. 302. Relationship to Federal and State laws
344 words·~2 min read·
/bill/116/s/2968/is/section-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this Act or a regulation promulgated under this Act shall be construed to limit— the authority of the Commission, or any other Executive agency, under any other provision of law; or any other provision of Federal law unless as specifically authorized by this Act. Nothing in this Act shall be construed to preempt, displace, or supplant the following State laws, rules, regulations, or requirements: Consumer protection laws of general applicability such as laws regulating deceptive, unfair, or unconscionable practices.
Civil rights laws. Laws that govern the privacy rights or other protections of employees, employee information, or students or student information. Laws that address notification requirements in the event of a data breach. Contract or tort law. Criminal laws governing fraud, theft, unauthorized access to information or unauthorized use of information, malicious behavior, and similar provisions, and laws of criminal procedure. Laws specifying remedies or a cause of action to individuals.
Public safety or sector specific laws unrelated to privacy or security. Except as provided in subsections
(b)and (d), this Act shall supersede any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. Any State law, rule, or regulation shall not be considered in direct conflict if it affords a greater level of protection to individuals protected under this Act. Nothing in this Act, nor any amendment, standard, rule, requirement, assessment, law or regulation promulgated under this Act, shall be construed to preempt, displace, or supplant any Federal or State common law rights or remedies, or any statute creating a remedy for civil relief, including any cause of action for personal injury, wrongful death, property damage, or other financial, physical, reputational, or psychological injury based in negligence, strict liability, products liability, failure to warn, an objectively offensive intrusion into the private affairs or concerns of the individual, or any other legal theory of liability under any Federal or State common law, or any State statutory law.