On June 13, the Rhode Island legislature passed the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA) (H. 7787/S. 2500), with the bill passing into law on June 29....more
In the past several weeks, the Minnesota governor has signed into law the Minnesota Consumer Data Privacy Act, while the Vermont Data Privacy Act has been passed by the legislature and awaits the governor’s signature. Both of...more
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
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
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
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 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
As we progress deeper into the 2024 legislative session, developments in the comprehensive privacy law arena have continued apace. In the weeks since our last update, New Hampshire formally joined the ranks of states with...more
On March 11, the Kentucky Senate passed the Kentucky Consumer Data Protection Act (KCDPA or the “Act”) (House Bill 15) by a unanimous 35-0 vote. Upon House concurrence and the governor’s signature, the Act would become the...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
On February 1, Connecticut Attorney General (AG) William Tong released a report detailing the AG’s initial efforts to enforce the Connecticut Data Privacy Act (CTDPA or “the Act”) and providing recommendations on how the Act...more
2/13/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Enforcement Authority ,
Enforcement Priorities ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Reports ,
Privacy Policy ,
State Attorneys General ,
State Data Breach Notification Statutes ,
State Privacy Laws
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
Following a busy 2023 in which seven states enacted comprehensive privacy laws, we entered this year expecting additional activity on this front across state legislatures. The opening weeks of 2024 have not disappointed. Most...more
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
2023 marked a pivotal moment in US data privacy and cybersecurity, characterized by substantial regulatory and legislative advances at the international, federal, and state levels. The Federal Trade Commission (FTC) took a...more
1/8/2024
/ Artificial Intelligence ,
Breach Notification Rule ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Enforcement Authority ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
International Data Transfers ,
OCR ,
PHI ,
Rulemaking Process ,
Safeguards Rule ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws
On December 8, the California Privacy Protection Agency (CPPA or “the Agency”) held a public Board meeting to discuss a range of topics, including proposed regulations on cybersecurity audits, risk assessments, and automated...more
Earlier this year, Texas and Oregon each passed a data broker registration law, joining California and Vermont to double the number of states that have enacted such legislation. Texas Governor Greg Abbott signed SB 2105 into...more
Artificial intelligence that can create new texts, images, and other content (or“generative AI”) is revolutionizing every industry, and healthcare is no exception. Doctors are experimenting with using generative AI to improve...more
10/27/2023
/ Artificial Intelligence ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
Patient Privacy Rights ,
Privacy Concerns ,
State Privacy Laws
On June 30, the Sacramento County Superior Court issued a ruling that will delay enforcement of regulations issued pursuant to the California Privacy Rights Act (CPRA) to March 29, 2024. These regulations were originally...more
7/11/2023
/ Audits ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Chamber of Commerce ,
Compliance Dates ,
Covered Entities ,
Enforcement ,
Grace Period ,
Risk Assessment ,
State Privacy Laws ,
Statutory Requirements ,
Time Extensions
On June 30, the Delaware legislature passed the Personal Data Privacy Act (“the Act”). The Act now moves to the Delaware Governor’s desk for consideration and, if signed into law, will make Delaware the seventh state this...more
7/11/2023
/ Advertising ,
Advertising to Minors ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Minors ,
Notice Requirements ,
Opt-Outs ,
Pending Legislation ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
As of June 25, 2023, the Oregon House and Senate have signed Senate Bill 619 (the “Act”), which previously passed in the House 54-0. The Act now moves to the Oregon Governor’s desk for signature (and is set to become law as...more
6/27/2023
/ Consumer Privacy Rights ,
Data Controller ,
Data Privacy ,
Data Processors ,
Enforcement ,
Exemptions ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Pending Legislation ,
Sensitive Personal Information ,
State Privacy Laws