Keypoint: The Attorney General’s investigatory sweep focuses on how large California employers are handling the expiration of the CCPA’s employee data exemption.
On July 14, 2023, the California Attorney General announced a...more
Keypoint: Oregon is the eleventh state to pass consumer data privacy legislation with a bill that is one of the strongest passed to date.
On June 22, 2023, the Oregon legislature passed the Oregon Consumer Privacy Act...more
Below is the twenty-third – and final – weekly update on the status of proposed state privacy legislation in 2023. With the legislatures in many states now adjourned for the year, we are concluding our weekly updates....more
Keypoint: Last week the Nevada legislature passed a health data privacy bill, the Delaware House passed a consumer data privacy bill, the Oregon House passed a data broker bill, and the New York Senate passed consumer and...more
6/12/2023
/ Algorithms ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Proposed Legislation ,
State Privacy Laws
Below is the twenty-first weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders....more
6/5/2023
/ Algorithms ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
New Legislation ,
Online Safety for Children ,
Popular ,
State Privacy Laws
Keypoint: Last week the Texas legislature passed consumer data privacy, children’s social media, and data broker bills while the Nevada Assembly passed an amended version of its health data privacy bill.
...more
5/31/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Brokers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
Online Safety for Children ,
Popular ,
State Privacy Laws
Keypoint: Last week the Texas Senate passed a comprehensive data privacy bill, the Tennessee Governor signed HB 1181 into law, and the Connecticut Senate passed a health/children’s privacy bill.
Below is the eighteenth...more
5/15/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Online Safety for Children ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws
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
Keypoint: Montana becomes first Republican-controlled legislature to pass a consumer data privacy bill requiring controllers to recognize universal opt out mechanisms, providing additional rights for children, sunsetting the...more
Keypoint: Last week the Indiana legislature passed a consumer data privacy bill.
Below is the fourteenth weekly update on the status of proposed state privacy legislation in 2023.
The big news last week was the Indiana...more
4/17/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
State Privacy Laws
Keypoint: The Indiana legislature is the seventh state legislature to pass consumer data privacy legislation.
On April 13, 2023, the Indiana legislature passed SB 5. The bill largely tracks the Virginia Consumer Data...more
Keypoint: Last week the Washington Senate passed the My Health My Data Act, the Arkansas legislature passed the Social Media Safety Act, and the Texas House passed the Texas Data Privacy and Security Act....more
4/10/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
New Legislation ,
Online Safety for Children ,
Popular ,
Social Media Privacy Act ,
State Privacy Laws
Last week the Iowa Governor signed the Iowa Privacy Act into law, social media bills were voted out of the Arkansas Senate and a New Jersey Assembly committee, an amended version of Florida’s consumer privacy bill advanced...more
4/3/2023
/ Algorithms ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
Online Safety for Children ,
Proposed Legislation ,
State Privacy Laws
Keypoint: Last week the Maryland House passed a children’s privacy bill, the Utah Governor signed two social media bills, the Washington My Health My Data Act continued to progress, and committees in Texas and Tennessee...more
Keypoint: Pending the governor’s signature, Iowa will become the sixth state to pass consumer data privacy legislation.
On March 15, 2023, the Iowa House voted 97-0 to pass SF 262. The bill previously passed the Senate by a...more
Keypoint: Last week chambers in Hawaii, Iowa, and Oklahoma passed consumer privacy bills.
Below is the ninth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted...more
3/13/2023
/ Algorithms ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Popular ,
Proposed Legislation ,
State Privacy Laws
Keypoint: Last week the Utah legislature passed two bills targeted at social media companies’ interaction with individuals under the age of 18, the Montana Senate passed a consumer privacy bill, and the Washington House...more
3/6/2023
/ Algorithms ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Proposed Legislation ,
State Privacy Laws
Keypoint: Last week lawmakers introduced a consumer privacy bill in Rhode Island and biometric privacy bills in Kentucky and Missouri; advanced consumer privacy bills out of committee in multiple states; and advanced a...more
2/27/2023
/ Algorithms ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Corporate Counsel ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Proposed Legislation ,
State Privacy Laws
Keypoint: Last week Indiana and Utah lawmakers passed bills through a chamber, Maryland lawmakers filed three sets of bills, lawmakers continued to file children’s privacy and social media regulation bills, and there were...more
2/13/2023
/ Algorithms ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Popular ,
Proposed Legislation ,
State Privacy Laws
Keypoint: Last week a narrow consumer privacy bill passed the New Jersey Senate, a children’s privacy bill passed the Virginia House, new consumer privacy bills were filed in New York, Rhode Island, Tennessee, Texas, and...more
2/6/2023
/ Algorithms ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Proposed Legislation ,
State Privacy Laws
With state legislatures opening across the country, lawmakers in numerous states are introducing bills to regulate private entities’ processing of biometric information. These bills, many of which are similar to the Illinois...more
Keypoint: It was another busy week with committee movement on the Indiana and Iowa consumer privacy bills while lawmakers introduced six consumer privacy bills in Illinois, Massachusetts, Minnesota, New Hampshire, Vermont and...more
Keypoint: The draft CPA rules retain the hallmarks of what makes the CPA rules unique but contain some notable revisions and clarifications.
On Friday, January 27, 2023, the Colorado Attorney General’s Office published the...more
1/30/2023
/ Authentication ,
Biometric Information ,
Colorado ,
Consent ,
Corporate Counsel ,
Data Privacy ,
Minors ,
Notice Requirements ,
Opt-Outs ,
Right to Delete ,
Right-To-Access ,
State Privacy Laws
Keypoint: It was another busy week with lawmakers introducing consumer privacy bills in Hawaii, Indiana, Massachusetts and New York, biometric privacy bills in Hawaii and New York, and a health data privacy bill in...more
Until the federal government passes a preemptive federal privacy law, state legislatures will continue to be the driving force in the development of U.S. privacy law. While others have – appropriately – speculated on how the...more