Flashcards Studio

Congress enacted the Driver Data Privacy Act after finding that state motor-vehicle records and private resale lists were sold nationwide. The Act forbids any person, including a state motor-vehicle agency or a private data broker, from selling drivers' personal information without consent. It also requires covered data holders to keep access logs and allows federal regulators to impose civil penalties. A separate provision directs each state attorney general to investigate private data brokers and file state-court actions to collect the federal penalties.
State C's motor-vehicle agency sells license data to insurers and marketers. State C sues, arguing that all parts of the Act commandeer state government. Private data brokers also object to federal regulation.
Which parts of the Act are likely valid, and which parts raise an anti-commandeering problem? Discuss.