PREFILED    JAN 10 2020

REFERENCE TITLE: consumer data; privacy; federal standard

State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020

HCR 2013

Introduced by Representatives Bolick: Barto, Carroll, Finchem, Lieberman, Osborne

 

A CONCURRENT RESOLUTION

 

supporting a single federal standard for comprehensive consumer data privacy regulation.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Whereas, the internet knows no borders and is therefore an inherently cross-jurisdictional entity; and

Whereas, consumer data privacy is fundamentally a matter of personal discretion for which there are distinct and wide-ranging preferences; and

Whereas, state-based comprehensive consumer data privacy standards run the risk of disrupting the free flow of interstate commerce by creating a diversity of ever-evolving and potentially inconsistent compliance obligations; and

Whereas, inconsistent state approaches to consumer data privacy regulation will harm businesses, especially small businesses seeking to do business in multiple states; and

Whereas, regulatory balkanization insulates incumbent industry actors and directly harms the development of novel business models and competition; and

Whereas, the enactment of comprehensive privacy regulation unduly burdens interstate commerce and is, therefore, likely in violation of Article I, Constitution of the United States; and

Whereas, a harms-based approach to protecting consumer data privacy grounded in concrete and readily demonstrable injury affords predictability, consistency and security to consumers and firms alike; and

Whereas, states already have broad consumer protection authority to punish deceptive trade practices as inherently harmful, without having to prove independent harm, thus holding firms accountable for violating their terms of services, making other material representations to users and omitting material information; and

Whereas, state attorneys general are well-positioned to identify and address actual harms to consumer privacy; and

Whereas, states remain well-suited to enforce sector-specific privacy laws targeted to specific harms in traditional areas of oversight, such as law enforcement and insurance.

Therefore

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1.  That the Members of the Legislature oppose the enactment of laws, the adoption of regulations or the imposition of out-of-state standards that would restrict or otherwise dictate standards related to consumer data privacy, absent a clear nexus with consumer harm.

2.  That the Members of the Legislature believe a single federal standard for comprehensive consumer data privacy regulation is preferable to a state-by-state approach.