On Saturday, August 31, the California legislature closed its 2024 session. During the past calendar year, we tracked numerous privacy and AI-related bills with fourteen of them passing out of their chamber of origin prior to...more
9/3/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Corporate Counsel ,
Data Privacy ,
Discrimination ,
Online Safety for Children ,
Opt-Outs ,
State Privacy Laws ,
Training ,
Transparency
Keypoint: The California legislature enters into the final week of its session with many bills still under consideration. We are currently tracking thirteen privacy and AI-related bills that previously crossed chambers prior...more
Keypoint: Last week, the California legislature returned from its summer recess and began moving forward with privacy and AI legislation prior to the August 31 session closing date.
We are currently tracking thirteen...more
8/12/2024
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Discrimination ,
Online Safety for Children ,
Opt-Outs ,
Social Media ,
State Privacy Laws ,
Transparency
Keypoint: The California legislature has many pending privacy and AI-related bills to consider before it closes on August 31. The California legislature left for its summer recess on July 3 and will reconvene on August 5....more
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: 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: 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: The Colorado Attorney General’s office has received public comments on its short-list of universal opt out mechanism applicants and will need to identify any qualifying mechanism by January 1, 2024....more
Keypoint: The Agency proposed more revisions to the CCPA regulations for consideration at the December 8 board meeting.
On December 1, 2023, the California Privacy Protection Agency (Agency) published proposed revisions to...more
12/4/2023
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California ,
California Privacy Protection Agency (CPPA) ,
Consent ,
Cybersecurity ,
Data Brokers ,
Opt-Outs ,
Right to Delete ,
Risk Assessment ,
Sensitive Personal Information ,
State Privacy Laws ,
Third-Party
Keypoint: The California Privacy Protection Agency continued its rulemaking efforts by releasing draft automated decisionmaking technology regulations although the Agency has yet to initiate the formal rulemaking process....more
11/28/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Notification Requirements ,
Opt-Outs ,
Personal Information ,
Right-To-Access ,
Risk Assessment ,
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: 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: 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: The changes are mostly controller-friendly with modifications to the privacy notice, consent, and data protection assessment provisions likely to facilitate compliance; however, the draft rules retain many of the...more
Keypoint: On the heels of last week’s Board meeting, Agency staff quickly turned around a modified version of the proposed regulations, triggering a fifteen day comment period and further signaling that the Agency is on track...more
Keypoint: The CPA draft rules are a complex and lengthy set of regulations that, if adopted without substantial modification, will significantly expand the CPA’s requirements and require controllers to carefully consider...more
10/3/2022
/ Authentication ,
Biometric Information ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Consent ,
Data Privacy ,
European Data Protection Board (EDPB) ,
Opt-Outs ,
Popular ,
Right of Access ,
Right to Delete ,
Sensitive Personal Information ,
State Privacy Laws
Keypoint: The thirteen new enforcement case examples – released just a few months before the CCPA’s right to cure sunsets – provide further insight into the Attorney General’s enforcement priorities....more
Keypoint: The California Privacy Protection Agency issued a first set of draft regulations that contain a number of notable provisions but do not address all of the CPRA’s rulemaking topics....more
5/31/2022
/ California Privacy Rights Act (CPRA) ,
Consent ,
Corporate Counsel ,
Data Collection ,
Draft Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-Outs ,
Personal Information ,
Popular ,
Privacy Policy ,
Right to Delete ,
Sensitive Personal Information ,
Third-Party Service Provider
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: The CPRA and CPA introduce the concept of dark patterns into state consumer data privacy laws although this area has come under increased attention recently with FTC enforcement actions and guidance, state attorneys...more
3/17/2022
/ Autonomy ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consent ,
Corporate Counsel ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Free Trials ,
Membership Agreements ,
Opt-Outs ,
Popular ,
Social Media
Keypoint: The requirements for recognizing opt-out preference signals for certain types of processing vary widely depending on which state laws apply.
This is the sixth post in our ten-part weekly series comparing key...more
Keypoint: As we break for the holidays, we wanted to wish you and your families happiness and health, and leave you with an attempt at some privacy holiday humor. We look forward to bringing you more privacy news and analysis...more
Keypoint: The VCDPA Work Group’s final report contains 17 “points of emphasis” derived from six Work Group meetings; however, the Work Group’s recommendations for modifying the VCDPA will not be presented until the...more
Keypoint: The California Privacy Protection Agency initiates preliminary rulemaking activities under the California Privacy Rights Act.
On Wednesday, September 22, 2021, the California Privacy Protection Agency (Agency)...more