The 2024 state legislative season is drawing to a close with several notable developments on the comprehensive privacy law front. Since our last update, the Maryland Online Data Privacy Act and Minnesota Consumer Data Privacy...more
As we move closer to the end of many states’ legislative sessions, a number of comprehensive privacy law proposals continue to work their way through the legislative process. Since our last update, Nebraska became the...more
The opening weeks of spring have seen comprehensive privacy law proposals continue to progress in state legislatures across the country. Since our last update, the Kentucky Consumer Data Protection Act (HB 15) received a...more
2023 was an active year for data protection-related litigation. Plaintiffs continued to advance creative theories of liability against businesses, using both older and more established privacy laws (such as the Telephone...more
In the weeks since our last update, we have seen continued progress in several state legislatures on comprehensive privacy legislation. Most notably, legislative chambers in West Virginia, Kentucky, and Georgia have passed...more
The early weeks of 2024 have seen continued activity on the state comprehensive privacy law front. Since our last update, at least 11 new comprehensive privacy bills have been proposed. In particular, Georgia, Hawaii,...more
2/23/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Privacy ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
State Legislatures ,
State Privacy Laws
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
This post is part of a series of articles we are doing on 2023 data protection litigation trends.
Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more
2/1/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Compliance ,
Consent ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Exemptions ,
Fingerprints ,
Health Care Providers ,
IL Supreme Court ,
PHI ,
Privacy Laws ,
Private Right of Action ,
State Privacy Laws ,
Statute of Limitations ,
Statutory Damages ,
Statutory Violations ,
Third-Party Liability
On January 8, 2024, the New Jersey Assembly and Senate passed Senate Bill 332 (S. 332, or the “Act”), and it was signed into law by Governor Phil Murphy on January 16. This makes New Jersey the first state to enact a...more
1/18/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Data Processors ,
Data Protection ,
Effective Date ,
Enforcement ,
Enforcement Authority ,
Exemptions ,
Governor Murphy ,
Minors ,
New Legislation ,
Opt-Outs ,
Prior Express Consent ,
Privacy Laws ,
Sensitive Personal Information ,
State Attorneys General ,
State Privacy Laws
As we have detailed previously, 2023 was a landmark year for privacy law, featuring numerous developments at the federal, state and international levels, ranging from newly enacted statutes to massive regulatory enforcement...more
1/17/2024
/ Adtech ,
Artificial Intelligence ,
Audits ,
Biden Administration ,
Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
COPPA ,
Cybersecurity ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Requirements ,
Rulemaking Process ,
Sensitive Personal Information ,
State Privacy Laws
On January 4, 2023, the New Hampshire House of Representatives passed Senate Bill 255 (the “Act”) with amendments, setting the stage for New Hampshire to become the latest state with a comprehensive privacy law....more
1/10/2024
/ Compliance ,
Consent ,
Covered Entities ,
Data Privacy ,
Effective Date ,
Exemptions ,
Minors ,
Pending Legislation ,
Popular ,
Privacy Laws ,
Sensitive Personal Information ,
State Privacy Laws
On August 9, 2023, India passed a data protection law that will govern how entities who process users’ personal data. The Digital Personal Data Protection Act (“the Act”) will establish guardrails for how organizations should...more
8/21/2023
/ Consent ,
Data Privacy ,
Data Processing Rules ,
Extraterritoriality Rules ,
Fiduciary Duty ,
India ,
International Data Transfers ,
Legislative History ,
New Legislation ,
Personal Data ,
Privacy Laws
Over the past year, the Federal Trade Commission (FTC) has emerged as a leading actor in the health privacy enforcement space, spearheading enforcement actions, policy statements, and regulatory changes all aimed at...more
8/7/2023
/ Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Personal Information ,
PHI ,
Privacy Laws
As we move into the summer months, state comprehensive privacy law developments continue to steadily emerge. Most notably, in the weeks since our last update, the Texas legislature passed the Texas Data Privacy and Security...more
On Friday, April 21, the Montana and Tennessee state legislatures approved comprehensive privacy law proposals. In Montana, the state senate passed an amended version of the Montana Consumer Data Privacy Act (SB 384) in a...more
The state comprehensive privacy law legislative process has officially kicked into high gear. Of course, the primary development since our last update is Iowa’s passage of SF 262, which positions Iowa to become the sixth...more
In addition to the numerous comprehensive privacy laws that have been proposed in at least 20 states thus far in 2023, legislative trends demonstrate an emerging focus on regulations that address specific types of...more
Since the start of the 2023 legislative session, at least 15 biometric privacy law proposals have emerged across 11 states (including Arizona, Hawaii, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, New York,...more
The past two weeks have seen continued developments in the state comprehensive privacy legislative landscape. Maryland, Minnesota, and Texas have entered the fray with new proposals, bringing the total number of states that...more
2/15/2023
/ Biometric Information ,
Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws
This week, the American Data Privacy and Protection Act (ADPPA), H.R. 8152, was formally introduced in the House by Representatives Frank Pallone (D-NJ), Cathy McMorris Rodgers (R-WA), Janice Schakowsky (D-IL), and Gus...more
U.S. privacy law is undergoing dramatic change on an accelerating pace. New laws across the country address specific industries, certain kinds of data, and various concerning practices. There is international pressure to...more
4/22/2022
/ Antitrust Provisions ,
Competition Authorities ,
Data Privacy ,
Data Protection Authority ,
Facebook ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Personal Data ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Right to Privacy ,
Social Networks
On March 18th, 2022, Sri Lanka enacted the Personal Data Protection Act, No. 9 of 2022 (the “Act” or “PDPA”) thereby becoming the first South Asian country to enact comprehensive data protection legislation. The law is...more
Several comprehensive privacy bills are being considered at the state level. This blog post provides notable updates on bills companies should be paying attention to as they move through their respective legislatures. We will...more
The Colorado AG recently provided guidance on data security best practices. Companies doing business in Colorado, especially those subject to the Colorado Privacy Act, should be paying attention to what is required under...more
Despite its antecedents in one of the most widely cited law review articles of all time from more than 130 years ago, modern United States privacy law is roughly twenty years old. Even though still in its relative infancy,...more
7/8/2021
/ Big Data ,
California Consumer Privacy Act (CCPA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Enforcement ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personal Information ,
Preemption ,
Privacy Laws ,
Private Right of Action ,
Sensitive Personal Information ,
State Privacy Laws