Keypoint: While the act does not include many provisions found in the more recent consumer data privacy laws, it would expand privacy notice obligations in one significant way although the applicability and scope of that...more
6/17/2024
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data-Sharing ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Minors ,
New Legislation ,
Opt-Outs ,
Personally Identifiable Information ,
Popular ,
Rhode Island ,
State Privacy Laws ,
Transparency
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 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: Nebraska is the seventeenth state legislature to pass consumer data privacy legislation with a bill that largely tracks the Texas Data Privacy and Security Act. On April 11, 2024, the Nebraska legislature passed...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: 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Keypoint: The Utah legislature repealed and replaced the Utah Social Media Act in response to a lawsuit challenging the law on constitutional grounds. Prior to closing in early March, the Utah legislature passed two bills...more
3/12/2024
/ Algorithms ,
Confidential Information ,
Due Process ,
Fourteenth Amendment ,
Mental Health ,
Minors ,
New Legislation ,
Preliminary Injunctions ,
Private Right of Action ,
Social Media ,
Trade Associations
Keypoint: New Hampshire is the fourteenth state to pass consumer data privacy legislation with a bill that is largely based on the Connecticut Data Privacy Act.
On January 18, 2024, the New Hampshire legislature passed...more
Keypoint: New Jersey is the thirteenth state to pass consumer data privacy legislation with a bill that is generally based on the Washington Privacy Act model but with some notable differences.
On January 8, 2024, the New...more
1/9/2024
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Processors ,
New Jersey ,
New Legislation ,
Opt-Outs ,
Popular ,
Privacy Laws ,
State Privacy Laws
Keypoint: Pending the Governor’s signature, the California Delete Act requires all data brokers to register with the CPPA next year and comply with a one-stop consumer deletion mechanism by 2026.
Last week, the California...more
9/18/2023
/ Audits ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Data Brokers ,
Disclosure Requirements ,
Duty to Delete ,
Fair Credit Reporting Act (FCRA) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Information and Protection Act ,
New Legislation ,
State Privacy Laws
Keypoint: Delaware is the twelfth state to pass consumer data privacy legislation with a bill that closely resembles the Connecticut law but with some notable differences.
On June 30, 2023, the Delaware legislature passed...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-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: Texas is the fifth legislature to pass a broad consumer data privacy bill this year with a bill that is a more consumer-friendly version of the Virginia law.
On May 28, 2023, the Texas legislature passed...more
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: Last week the Florida legislature passed a consumer data privacy bill while the Texas legislature continued to advance both consumer data privacy and data broker bills....more
5/8/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Online Safety for Children ,
Popular ,
State Privacy Laws
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: With a private right of action, broad applicability to businesses of all sizes and types, a scope that is broader than its name suggests, and strong consent-based requirements and privacy rights, the Washington My...more
4/18/2023
/ Consent ,
Consumer Privacy Rights ,
Data Protection ,
Gramm-Leach-Blilely Act ,
Healthcare ,
New Legislation ,
Personal Information ,
Privacy Laws ,
Private Right of Action ,
Right to Delete ,
Washington
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
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
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
Keypoint: Subject to the Governor’s approval, Connecticut will become the fifth state to pass a broad consumer privacy act with a bill that is comparable to the Colorado Privacy Act....more
4/29/2022
/ Biometric Information ,
California Privacy Rights Act (CPRA) ,
Connecticut ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Online Safety for Children ,
Opt-Outs ,
State Privacy Laws
Keypoint: This week a new bill was introduced in Louisiana; the Maryland work group bill received an unfavorable committee report; the Connecticut bill was referred to a second committee; and California’s biometric privacy...more
4/11/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws