Preemption
CIPP/US glossary · Last reviewed: · By Victor Humenhuk (CIPP/US certified)
Preemption - When federal law overrides state law; HIPAA sets a federal floor and does NOT preempt stricter state protections.
In the CIPP/US body of knowledge, Preemption comes up under Chapter 2: U.S. Legal Framework; Chapter 6: State Comprehensive Privacy Laws; Chapter 8: Medical Privacy.
Preemption in context
- specific authority==, ==preemption==, and ==private right of action==. (Key Definitions: Person, Jurisdiction, Authority, Preemption, Private Right of Action)
- national privacy bill are ==preemption== (would it override stricter state laws?) and a ==private right of action==. (Federal Preemption and Private Right of Action Debates)
- The deadlock turns on ==preemption==: businesses want fewer requirements plus preemption of stricter state laws, while privacy advocates want federal law matched to the strictest states. (The Absence of a Federal Breach Law)
Where Preemption is covered in the CIPP/US study notes
- Legislation and Federal Preemption
- Federal Preemption and Private Right of Action Debates
- HIPAA Preemption and State Laws
Related terms
- Tenth Amendment
- CAN-SPAM Act
- HIPAA
- Private right of action
- Privacy advocates
Test yourself on Preemption
Recognising a definition is not the same as applying it in an exam scenario. Work through the free CIPP/US practice questions, or read the full CIPP/US study guide - every study note is free.