Sec. 405. Relationship between Federal and State law

406 words·~2 min read·/bill/116/s/4626/is/section-405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

No State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, requirement, or standard related to the data privacy or data security and associated activities of covered entities. Subsection

(a)may not be construed to preempt State laws that directly establish requirements for the notification of consumers in the event of a data breach. Except as provided in paragraphs

(2)and (3), the requirements of this Act shall supersede any other Federal law or regulation relating to the privacy or security of covered data or associated activities of covered entities. This Act may not be construed to modify, limit, or supersede the operation of the following: The Children’s Online Privacy Protection Act ( 15 U.S.C. 6501 et seq.). The Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 et seq.). Section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 ). Title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq.). The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.). The Health Insurance Portability and Accountability Act ( Public Law 104–191 ). The Electronic Communications Privacy Act ( 18 U.S.C. 2510 et seq.). Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). The Driver's Privacy Protection Act of 1994 ( 18 U.S.C. 2721 et seq.). The Federal Aviation Act of 1958 ( 49 U.S.C. App. 1301 et seq.). The Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 et seq.). To the extent that the data collection, processing, or transfer activities of a covered entity are subject to a law listed in paragraph (2), such activities of such entity shall not be subject to the requirements of this Act. Notwithstanding any other provision of law, neither any provision of the Communications Act of 1934 ( 47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto nor any regulation promulgated by the Federal Communications Commission under such Acts shall apply to any covered entity with respect to the collection, use, processing, transferring, or security of individual information, except to the extent that such provision or regulation pertains solely to 911 lines or other emergency line of a hospital, medical provider or service office, health care facility, poison control center, fire protection agency, or law enforcement agency.

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U.S. Code