News & Analysis as of

Data Protection Private Right of Action

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Burr & Forman

Vermont Slated to Grant a Private Right of Action to Consumers in New Data Privacy Bill

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As Vermont joins the growing number of states with comprehensive consumer data privacy laws, it stands out from the crowd with the ability of Vermonters to bring a private right of action (PRA) against large data holders. In...more

Robinson+Cole Data Privacy + Security Insider

Vermont Data Privacy Act, Most Robust Consumer Protections Since CCPA

Last week, the Vermont legislature passed H. 121, the Vermont Data Privacy Act. This law will make Vermont the 18th state to grant consumers privacy rights similar to those under the California Consumer Privacy Act (CCPA). It...more

Mayer Brown

Chairs of House and Senate Commerce Committees Announce Consumer Privacy Legislation

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Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA...more

Osano

The American Privacy Rights Act (APRA): What to Expect?

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The U.S. is taking another swing at a federal data privacy law with the American Privacy Rights Act, or APRA. While there’s no guarantee that the APRA will become the law of the land, it’s still worthwhile to study in order...more

McDermott Will & Emery

Go Big Red! Nebraska Passes Consumer Data Privacy Law

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On April 12, 2024, the Nebraska Legislature passed the Data Privacy Act (NEDPA), sending the bill to Governor Jim Pillen’s desk for signature. NEDPA adds to the patchwork of state consumer privacy laws in that it does not...more

Mintz - Privacy & Cybersecurity Viewpoints

New Jersey Adopts a Comprehensive Data Privacy Law

2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California, Colorado, Connecticut, Utah and Virginia. Already...more

Benesch

Privacy Surprise: Bipartisan Group Proposes Omnibus Data Protection Law that Preempts all US State Data Protection Laws

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The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more

Gardner Law

New Jersey Passes Comprehensive Consumer Privacy Law

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New Jersey recently became the first state to pass a comprehensive privacy law in 2024. New Jersey is the thirteenth state to pass such a law—and yet another comprehensive privacy law is making its way through New Hampshire’s...more

WilmerHale

Year in Review: 2023 TCPA Litigation

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. The Telephone Communications Privacy Act (TCPA) has always been a hotbed for privacy litigation, especially given the...more

Cozen O'Connor

New Jersey Privacy Law

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On January 16, Governor Murphy signed legislation requiring legal entities who collect consumer information to make certain disclosure to consumers. The law further requires that businesses provide consumers with an option to...more

Paul Hastings LLP

Preparing for New State Privacy Laws in 2024

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As we enter into the final few months of the year, it is important for companies operating in the United States to not only assess the implementation of the compliance requirements for the four new comprehensive state privacy...more

Davis Wright Tremaine LLP

Delaware's New Personal Data Privacy Act

The Delaware Personal Data Privacy Act (DPDPA or Act) became law on September 11, 2023, making Delaware the 13th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut,...more

Davis Wright Tremaine LLP

Texas Data Privacy and Security Act – An Overview

The Texas Data Privacy and Security Act (TDPSA) became law on June 16, 2023. Texas becomes the 11th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa,...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Wash. Health Privacy Bill May Affect Cos. Across Industries

In late April, Washington's governor signed the My Health My Data Act, or MHMD, into law. The law, which goes into effect next year, aims to regulate the vast amount of health-related data processing that takes place...more

Constangy, Brooks, Smith & Prophete, LLP

Oregon to become next state to enact comprehensive data privacy law

Oregon will soon join Iowa, Indiana, Florida, Montana, Texas, and Tennessee in passing a comprehensive data privacy law. On June 25, the Oregon legislature passed the Oregon Consumer Privacy Act. The OCPA has moved to the...more

Carlton Fields

NAIC’s New Privacy Protections Recipe

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In April and May, the NAIC Privacy Protections Working Group held the first three of its biweekly calls to discuss its recipe for a new privacy model, “Insurance Consumer Privacy Protection Model Law #674.” During the...more

Mintz - Privacy & Cybersecurity Viewpoints

Mintz May Madness: Tennessee’s Information Protection Act Gets Us Thinking About NIST(y) Safe Harbors

The Volunteer State became the eighth state to enact a comprehensive data privacy law after Gov. Bill Lee (R) signed the Tennessee Information Protection Act (“TIPA”) into law yesterday, May 11. Tennessee joins a growing...more

Husch Blackwell LLP

Analyzing the Washington My Health My Data Act’s Private Right of Action

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Keypoint: Claims brought under the Washington My Health My Data Act’s private right of action will turn on whether a plaintiff can prove actual damages that were caused by a violation effecting the plaintiff’s business or...more

Sheppard Mullin Richter & Hampton LLP

Washington State Enacts Landmark Privacy Law Aimed at Digital Health Industry

On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. This law, named the “My Health My Data Act,” covers a very wide range of entities,...more

Proskauer on Privacy

Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk

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The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws....more

Davis Wright Tremaine LLP

New Washington Law Has Broad Implications For Protecting Consumer Health Data - Landmark ‘My Health My Data’ Act Reaches Beyond...

On April 27, 2023, Washington Governor Jay Inslee signed into law the My Health My Data Act (the "Act"), which will regulate the collection, use, and disclosure of "consumer health data" ("Consumer Health Data" or "CHD"). The...more

Seyfarth Shaw LLP

Washington’s “My Health My Data” Act

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The My Health My Data Act (“Act”) was approved by the Washington State House on April 17, 2023. The Act is now with Governor Jay Inslee for signature and is expected to be signed into law in its current form, which is broad...more

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

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