Keypoint: Last week, the Colorado legislature passed a bill amending the Colorado Privacy Act to add provisions regarding biometric data and the California legislature advanced numerous bills.
Below is the fourteenth weekly update on the status of proposed state privacy legislation in 2024.
Table of Contents
- What’s New
- Bill Tracker Charts
- Bill Tracker Maps
1. What’s New?
The big news last week was the Colorado legislature passing HB 1130. The bill amends the Colorado Privacy Act (CPA) to add provisions regarding biometric data, including creating obligations for employers. HB 1130 is the second CPA amendment bill to pass the Colorado legislature this year. HB 1058 (biological data) passed the legislature in late March and was signed into law by Colorado Governor Jared Polis on April 17. A third CPA amendment bill – SB 41 – passed the Senate on April 23, and is scheduled for a hearing in the House Business Affairs and Labor Committee on May 1. That bill seeks to add provisions to the CPA regarding the treatment of children’s personal data. If all three bills become law, the CPA will have undergone a significant update less than one year after it went into effect.
There also was a lot of movement with bills in California last week.
The California Assembly Privacy and Consumer Protection Committee passed an amended version of AB 2877. As amended, the bill prohibits a developer from using a minor’s sensitive personal information to train an artificial intelligence system or service.
The same committee also passed AB 3204. Among other things, the bill requires “data digesters” to register with the California Privacy Protection Agency. The bill defines data digester as “a covered entity that designs, codes, or produces an artificial intelligence system or service, or that substantially modifies an existing artificial intelligence system or service, by training the system or service on the personal data of 1,000 or more individuals or households.”
Meanwhile, the Assembly Appropriations Committee passed three bills – AB 3048, AB 3286, and AB 1824.
After passing out of committee, AB 3048 was read for a second time on April 25 and ordered to a third reading. The bill states that a “business shall not develop or maintain a browser that does not include a setting that enables a consumer to send an opt-out preference signal to a business with which the consumer interacts through the browser.”
After passing out of committee, AB 3286 was read for a second time and amended on April 25. As amended, the bill makes grammatical corrections and states that the CCPA’s monetary thresholds are not subject to the rulemaking provisions in the Administrative Procedures Act.
After passing out of committee, AB 1824 was read for a second time and ordered to the consent calendar. The bill would require a business to which another business transfers the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the transferee assumes control of all or part of the transferor to comply with a consumer’s opt-out direction to the transferor.
Finally, a committee hearing on SB 1076 (data broker amendments) was canceled at the bill’s author’s request.
In Minnesota, a hearing was held in the House Ways and Means Committee on the commerce supplemental budget bill. Representative Elkins’ Minnesota Consumer Data Privacy Act is now incorporated into that bill. The Minnesota bill is one to watch as it contains a number of unique provisions, including creating a consumer right to question the result of profiling and a requirement to create a data inventory.
In Vermont, an amended H.121 (consumer data privacy) passed out of the Senate Committee on Economic Development, Housing and General Affairs. The Senate Appropriations Committee and Health and Welfare Committee held hearings on the bill on April 26. The bill previously passed the House but underwent significant changes in the Senate. Vermont’s legislature closes May 9.
In data broker bill news, the Illinois House unanimously passed HB 4447 but the bill appears to have been amended to delete the data broker provisions prior to passing.
2. Bill Tracker Charts
For more information on all of the bills introduced to date, including links to the bills, bill status, last action, hearing dates, and bill sponsor information, please see the following charts:
3. Bill Tracker Maps
To access our tracker maps, click the following links:
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