Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more
8/21/2024
/ Appellate Courts ,
California ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Data Collection ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
First Amendment ,
Goods or Services ,
Impact Assessments ,
Minors ,
Online Marketplace ,
Popular ,
Unconstitutional Condition
Keypoint: Companies onboarding AI products and services need to understand the potential risks associated with these products and implement contractual provisions to manage them. With the rapid emergence of artificial...more
8/20/2024
/ Artificial Intelligence ,
Consumer Service Agreements ,
Contract Terms ,
Contractual Safeguards ,
Data Protection ,
Data-Sharing ,
Due Diligence ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Intellectual Property Protection ,
Liability ,
Risk Assessment ,
Vendors
Keypoint: Assuming the bills become law and go into effect, operators of websites and online services that collect the personal data of minors and are subject to the bills will need to undertake several compliance activities....more
Keypoint: The California legislature is considering several bills that, if passed, would add to the nation’s emerging legal patchwork governing the use of artificial intelligence. In mid-May, Colorado Governor Jared Polis...more
Keypoint: The Minnesota bill contains several unique requirements and provisions, including a novel right to question the result of a profiling decision, privacy policy provisions that increase interoperability with existing...more
Keypoint: Last week, Colorado passed children’s privacy and artificial intelligence bills, Vermont passed a consumer data privacy bill, Maryland’s consumer data privacy and AADC bills were signed into law, and Minnesota is on...more
5/13/2024
/ Artificial Intelligence ,
Biometric Information ,
Colorado ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Online Safety for Children ,
Privacy Laws ,
Proposed Legislation
Keypoint: Last week, the Nebraska Governor signed the Nebraska Data Privacy Act into law, the Maine legislature closed without passing a consumer data privacy bill, Colorado’s biological/neural data bill was signed into law,...more
Keypoint: Last week, the Nebraska legislature passed a consumer data privacy bill. Below is the twelfth weekly update on the status of proposed state privacy legislation in 2024....more
Keypoint: Maryland’s bill diverges from other Washington Privacy Act variants passed to date with unique data minimization, sensitive data, minor’s data privacy, and unlawful discrimination provisions (among others)....more
4/8/2024
/ California Consumer Privacy Act (CCPA) ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Protection ,
Enforcement ,
Maryland ,
New Legislation ,
Opt-Outs ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws
Keypoint: Last week, the Maryland legislature passed consumer data privacy and Age-Appropriate Design Code Act bills, the Kentucky Governor signed HB 15 into law, three bills advanced out of a California Assembly Committee,...more
Keypoint: Last week, the Kentucky legislature passed a consumer data privacy bill, Colorado passed an amendment to the Colorado Privacy Act, and there was movement on bills in Maine, Maryland, Rhode Island, and Vermont....more
Keypoint: Kentucky is the fifteenth state to pass consumer data privacy legislation with a bill that largely tracks the Virginia Consumer Data Protection Act. On March 27, 2024, the Kentucky legislature passed the Kentucky...more
Keypoint: Last week, consumer data privacy bills passed out of the Vermont and Pennsylvania Houses, an Age-Appropriate Design Code Act variant bill passed out of the Vermont Senate, and bills advanced in Colorado, Maryland,...more
3/25/2024
/ Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws
Keypoint: It was a very busy week with Kentucky on the cusp of passing a consumer data privacy bill, Maryland advancing consumer and children’s bills, and movement on bills in Minnesota, Vermont, Georgia, Maine, and New York....more
3/18/2024
/ Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws
Keypoint: Last week, consumer data privacy bills advanced in Minnesota, Maryland, and Missouri, New Hampshire’s Governor signed SB 255 into law, Maryland’s AADC bill advanced in the Senate, and the Hawaii House passed a...more
Keypoint: Last week chambers in West Virginia and Georgia passed consumer data privacy bills while a VCDPA amendment bill focused on children’s privacy passed the Virginia legislature. Below is the sixth weekly update on the...more
Keypoint: Last week the Kentucky House passed a consumer data privacy bill, the Colorado House passed a biometric privacy bill, and Virginia moved closer to amending the VCDPA to add children’s privacy provisions.
Below is...more
Keypoint: Last week Wisconsin inched closer to passing a consumer data privacy bill, Colorado’s biometric privacy bill advanced out of committee, and several CCPA-amendment bill were introduced.
Below is the fourth weekly...more
Keypoint: It was a busy week for committee hearings as the 2024 session picked up speed heading into February.
Below is the second weekly update on the status of proposed state privacy legislation in 2024....more
2/5/2024
/ Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Proposed Legislation ,
State Privacy Laws
Over the past few years, states have enacted numerous privacy laws, including broad consumer data privacy laws, children’s privacy laws, consumer health data privacy laws, and data broker laws. The enactment of so many...more
Keypoint: Although they are only draft regulations and not part of the formal rulemaking process, the drafts demonstrate the Agency’s intent to create extensive obligations for businesses subject to these regulations.
In...more
8/29/2023
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California Privacy Protection Agency (CPPA) ,
Colorado ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
Employee Privacy Rights ,
Popular ,
Risk Assessment
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: Enforcement by the California Privacy Protection Agency of the new CCPA regulations will be delayed until March 2024, but the Agency can still enforce the CCPA statutory changes as of July 1, 2023....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