A national group of state attorneys general on Friday stopped short of a formal recommendation to Congress that it not pass any privacy law that pre-empts state-based privacy legislation. Instead, the National Association of Attorneys General quietly approved a resolution urging Congress to craft new laws so that state attorneys general have enforcement powers under it.

“There’s been significant debate and philosophical disagreement wherever the [privacy] issue has been raised,” said California Attorney General Bill Lockyer, who led a NAAG privacy subcommittee that previously recommended that the NAAG urge Congress not to pre-empt the states. Lockyer cast the internal NAAG debate as one pitting “populist” attorneys general such as himself against “special interests” attorneys general swayed by the private sector. The subcommittee is proceeding to study the privacy of medical records and financial data.

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