Artificial intelligence (AI) has been a hot topic in state legislatures across the country over the past year. As is common with technology-related issues, California has taken the lead in regulating the AI space. The...more
The final weeks for many state legislatures have witnessed significant movements in the U.S. data privacy landscape. Last month, Nebraska Governor Jim Pillen signed the Data Privacy Act, LB1074, into law....more
5/22/2024
/ Compliance ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Privacy ,
Effective Date ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
PHI ,
Popular ,
Proposed Legislation ,
Sensitive Personal Information ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
On April 7, Representative Cathy McMorris Rodgers (R-Wash.), Chair of the U.S. House Committee on Energy and Commerce Chair, and Senator Maria Cantwell (D-Wash.), Chair of the Senate Committee on Commerce, Science and...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
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 June 14, 2023, the European Parliament adopted its negotiating position regarding the proposal of the European Commission for a regulation laying down harmonized rules on artificial intelligence. This is the most recent...more
6/16/2023
/ Artificial Intelligence ,
Contract Negotiations ,
Distributors ,
EU ,
European Commission ,
European Parliament ,
Importers ,
International Harmonization ,
Machine Learning ,
Proposed Legislation ,
Risk Assessment ,
Risk-Based Approaches
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
The weeks since our last update have seen continued developments in the state comprehensive privacy law arena. Bills passed by the Indiana, Tennessee, and Montana legislatures were officially signed into law by those states’...more
On April 26, 2023, a bipartisan coalition of federal lawmakers proposed a new piece of legislation that would impose additional guardrails around the use of social media by children under eighteen. The Protecting Kids on...more
This legislative session has been marked by the continuing growth of the nation’s patchwork of state comprehensive privacy laws, and the weeks since our last update have been no exception. April saw state legislatures in...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 use of generative artificial intelligence (“AI”) by businesses and consumers over the past several months has increased dramatically—driven in large part by the enormous visibility of ChatGPT as a new AI device, improved...more
The past two weeks have seen continued progress on proposed comprehensive privacy legislation across multiple states. Most notably, on March 28, Iowa Governor Kim Reynolds signed SF 262 into law, officially making Iowa the...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
On Friday, March 3, 2023, the California Privacy Protection Agency (CPPA) held a public board meeting. Though the meeting focused primarily on the Agency’s budget and various administrative issues (e.g., subcommittee...more
3/13/2023
/ Administrative Review ,
Audits ,
Board Meetings ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Proposed Legislation ,
Public Comment ,
Risk Assessment ,
Rulemaking Process
On February 27, 2023, the Chairman of the House Financial Services Committee Patrick McHenry (NC-10) introduced the Data Privacy Act of 2023 (the Bill), which would amend the Gramm-Leach-Bliley Act (GLBA) to “modernize[]...more
Since our last update, comprehensive privacy law proposals have continued to emerge and progress through state legislatures. Most notably, five bills have now passed a legislative chamber, with Hawaii’s Consumer Data...more
On March 1st, the Innovation, Data, & Commerce Subcommittee of the House Energy and Commerce Committee subcommittee held a hearing titled “Promoting U.S. Innovation & Individual Liberty through a National Standard for Data...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
On July 28, 2022, the California Privacy Protection Agency (the “Agency”) held a special meeting (the “Meeting”) to discuss and act on the proposed federal privacy legislation, the American Data Protection and Privacy Act...more
On July 20, the House Committee on Energy & Commerce held an open markup session on the American Data Privacy and Protection Act (ADPPA), which concluded in an affirmative vote (53-2) for an amended version of the bill to...more
On June 23, 2022, Congressman Patrick McHenry (NC-10), released a discussion draft (“Discussion Draft”) of new legislation set to amend the Gramm-Leach-Bliley Act (GLBA) with the intent to “modernize GLBA to better align...more
7/1/2022
/ Congressional Committees ,
Congressional Investigations & Hearings ,
Consumer Privacy Rights ,
Data Collection ,
Discussion Draft ,
Financial Institutions ,
GLBA Privacy ,
Gramm-Leach-Blilely Act ,
Preemption ,
Proposed Legislation ,
Regulatory Authority
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
On June 15, 2022, Senator Elizabeth Warren introduced Senate Bill S.4408, Health and Location Data Privacy Act of 2022 (the “Bill”). The Bill, co-sponsored with Senators Ron Wyden, Patty Murray, Sheldon Whitehouse, and Bernie...more