Answer: A - Federal law can sometimes preempt state laws covering common issues, such as the unlawful collection and misuse of personal information. Preemption is one of the most complex judicial decisions as it relates to the federal and state-level application of privacy and data protection law.
In some cases, district court judges have exercised their discretion in ruling that a right of action under a state’s privacy law is not preempted or nullified by a claim citing violations of federal privacy law. For instance, in a case citing claims of the federal Stored Communications Act (18 U.S.C. § 2701, et seq.), a district court judge for the sixth circuit ruled that invasion of privacy state law claims were not preempted by the claim under federal law. Based on this decision, Plaintiff, in this case, was entitled to seek remedy under federal law and state’s tort law.
