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33rd Annual Legislative Seminar - Senator Shelley Moore Capito, R-W.Va.
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On May 24, 2024, Minnesota’s governor signed the 18th comprehensive state privacy law since California enacted the first comprehensive data privacy legislation in 2018. The Minnesota Consumer Data Privacy Act (“MCDPA”) will...more
Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a...more
Just past midnight on May 11, 2024, the Vermont Legislature passed H.121, the Vermont Data Privacy Act (VDPA). If signed into law, the VDPA would become the most onerous state comprehensive privacy law in the country. Among...more
On May 9, 2024, Maryland Governor Wes Moore signed into law Senate Bill 541 (the "Maryland Online Data Privacy Act") making Maryland the eighteenth state to adopt comprehensive data privacy legislation in the United States...more
So far 2024 has seen a flurry of new and proposed state comprehensive privacy legislation. Nebraska and Kentucky are the two latest states to jump on the bandwagon. Both follow the now familiar framework established by the...more
On March 6, 2024, New Hampshire joined the steadily expanding number of states adopting a comprehensive data privacy law, when Governor Chris Sununu signed SB 225 (the "New Hampshire Privacy Act"). The law will take effect...more
Proposed American Privacy Rights Act of 2024 seeks to establish national consumer data privacy rights, govern Artificial Intelligence and automated decision-making, impose additional obligations on high-impact social media...more
On April 7, 2024, Rep. Cathy McMorris Rodgers (R-WA), the chair of the US House Committee on Energy and Commerce, and Sen. Maria Cantwell (D-WA), the chair of the US Senate Committee on Commerce, Science, and Transportation,...more
Consult our interactive state privacy law map to learn more about all of the enacted state consumer privacy laws. Kentucky may soon join the expanding list of states with comprehensive privacy laws. Kentucky House Bill...more
The key provisions of the Oregon Consumer Privacy Act (the OCPA) will take effect on July 1, 2024. The OCPA provides Oregonians with a number of important privacy rights with regard to their data, and sets forth specific...more
New Hampshire. On March 6, 2024, New Hampshire Governor Chris Sununu signed the state’s first comprehensive consumer privacy bill into law. The New Hampshire Privacy Act (the “NHPA”) is now the fourteenth such law to be...more
On March 6, New Hampshire joined the growing list of states that have enacted a comprehensive consumer privacy statute when Governor Chris Sununu signed into law Senate Bill 255 (the Act). Generally, the Act follows the...more
ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
Following an eventful 2023, we expect that many recent legislative and enforcement trends will persist, making 2024 a similarly impactful year in the development of U.S. privacy law. These trends include but are not limited...more
On January 18, 2024, the New Hampshire Senate passed by voice vote SB255, the New Hampshire Privacy Act (NHPA), amended by the New Hampshire House of Representatives. The bill will head to Governor Chris Sununu’s desk. After...more
Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law. Instead, the United States applies a sectoral approach to its...more
This year has been active on the state “comprehensive” privacy law front. Seven states passed new laws in 2023 (Delaware, Iowa, Indiana, Tennessee, Montana, Florida, and Oregon). These states joined California, Connecticut,...more
On September 11, 2023, Delaware Governor John Carney signed the Delaware Personal Data Privacy Act (DPDPA) into law, making Delaware the 13th state to enact a consumer privacy law. The DPDPA closely tracks the laws in...more
When thinking about privacy notice obligations, companies often -incorrectly- leap to the wording in their privacy policies. The new comprehensive state privacy laws are a reminder that notice obligations are a bit broader...more
With a little less than a week before the next US state “comprehensive” privacy laws (Colorado and Connecticut) go into effect, many are reviewing existing practices. One that keeps coming up is the concept of “profiling.” As...more
Texas Governor Greg Abbott signed the Texas Data Privacy and Security Act (TDPSA) into law on June 18, 2023. The comprehensive privacy and data security law will go into effect on July 1, 2024. The law and legislative history...more
Texas has now become the 11th state, following Florida, to have a “comprehensive” privacy law. HB 4 was signed by the governor on June 18, 2023. This caps off a busy spring for state lawmakers not only in Texas, but Florida,...more
Much like the beginning of 2023, when two new state data privacy acts went into effect, the midpoint of 2023 will feature two more state data privacy acts coming onto the books. On July 1, 2023, the Colorado Privacy Act...more
With January well in the rear view mirror, companies are setting their privacy compliance sights on the next two laws to come into effect on July 1, 2023: Colorado and Connecticut. Knowing, of course, that Utah (December 31,...more
We said it earlier this month: With many state legislative sessions coming to an end, we were likely to see a push by states to finish up debates and votes on consumer privacy laws. Now you can count Montana (and Tennessee)...more