The push by U.S. states to pass data privacy laws continues with Maryland being the 18th state to join their ranks. However, Maryland has taken a more stringent and comprehensive approach than many of its peers: Governor Wes...more
5/17/2024
/ Commodity Exchange Act (CEA) ,
Consumer Privacy Rights ,
COPPA ,
Data Protection ,
Fines ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Maryland ,
Opt-Outs ,
Penalties ,
Personal Data ,
Personal Information ,
Popular ,
Securities Exchange Act
As U.S. states continue to pass data privacy legislation, Maryland has gone above and beyond in signing both the Maryland Online Data Privacy Act of 2024 (MODPA) and the Maryland Age Appropriate Design Code (HB 603/SB...more
5/17/2024
/ COPPA ,
Covered Entities ,
Data Management ,
Data Protection ,
Fines ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Maryland ,
Minor Children ,
Penalties ,
Personal Data ,
Popular ,
Privacy Laws ,
Safety Standards
2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California, Colorado, Connecticut, Utah and Virginia. Already...more
4/16/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
Exemptions ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Jersey ,
New Legislation ,
Opt-Outs ,
Personal Data ,
Personal Information ,
Private Right of Action ,
Reporting Requirements ,
State Privacy Laws
New Hampshire’s New Law is on the Books -
2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California,...more
4/15/2024
/ Consumer Rights Directive ,
Controlled Substances Act ,
Data Collection ,
Fines ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Penalties ,
Personal Data ,
Private Right of Action ,
State Privacy Laws
Does your business collect or use fingerprints? Do your building access points use retina, finger, or palm scans? Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more
7/7/2023
/ Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Consent ,
Data Collection ,
Data Privacy ,
Data Security ,
Deceptive Intent ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Fingerprints ,
FTC Act ,
Personal Data ,
Personally Identifiable Information
Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?...more
6/12/2023
/ California Consumer Privacy Act (CCPA) ,
Compliance ,
Corporate Counsel ,
Data Privacy ,
FERPA ,
Financial Institutions ,
Fines ,
Florida ,
Governor DeSantis ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Penalties ,
Personal Data ,
Privacy Laws ,
Private Right of Action ,
Search Engines
Indiana's New Law is on the Books -
Last month, three more state legislatures passed comprehensive data privacy laws. Just this week, Indiana’s governor signed one of them - the Indiana Consumer Data Privacy Act (“ICDPA’) -...more
5/4/2023
/ Cybersecurity ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
Fines ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Nonprofits ,
Penalties ,
Personal Data ,
Personal Information ,
Private Right of Action ,
Public Utility ,
State Privacy Laws
The Federal Trade Commission (“FTC”) announced on Monday that it is settling a case against Drizly and its CEO stemming from a 2020 data breach that impacted roughly 2.5 million consumers. The proposed order not only...more
10/31/2022
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Hackers ,
Identity Theft ,
Personal Data ,
Popular ,
Securities and Exchange Commission (SEC) ,
Settlement
On April 28, 2022, the Connecticut legislature took the final step to become very close to passing comprehensive consumer privacy legislation as the Connecticut House of Representatives voted 144-5 in favor of Senate Bill 6,...more
5/4/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Connecticut ,
COPPA ,
Data Privacy ,
Data Security ,
Enforcement ,
Fair Credit Reporting Act (FCRA) ,
FERPA ,
Governor Lamont ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Private Right of Action ,
Proposed Legislation ,
State Privacy Laws
Utah is on the brink of joining California, Colorado, and Virginia to become the fourth state in the US to enact a major comprehensive privacy law. On February 25, the Utah Senate passed the Utah Consumer Privacy Act...more
Colorado has now joined California and Virginia to become the third US state to pass a comprehensive data privacy legislation when Governor Jared Polis signed the Colorado Privacy Act (the “CPA”) into law on July 8, 2021. The...more
As we’ve written here and here, New York City’s Biometric Identifier Information Law (the “NYC Law”) is now in force, effective Friday, July 9th. The NYC Law requires that places of entertainment, retail stores and food and...more
As previewed in Mintz’s earlier post, New York City’s Biometric Identifier Information Law (the “NYC Law”) is now in force, effective Friday, July 9th. The NYC Law requires that places of entertainment, retail stores and...more
The Mintz Privacy & Cybersecurity Blog will be providing regular updates of notable pending US state privacy laws. Following our similar previous updates, the most recent of which may be found here, this update checks in on...more
In a previous update, we provided a comprehensive round-up of several notable pending US state privacy laws. We are checking-in on the progression of some of those laws in this further update. The next installment will...more
On Tuesday, Virginia Governor Ralph Northam signed the Consumer Data Protection Act (“CDPA”) into law, making Virginia the second U.S. state after California to pass a comprehensive data privacy law. Those familiar with the...more
California Attorney General Becerra announced Friday afternoon that the Office of Administrative Law (OAL) had approved the final CCPA regulations his office submitted to the OAL in June, and that the review process is...more
Privacy risks of using big data in the fight against COVID-19 are significant, and have caught the attention of Republicans and Democrats alike.
Earlier this month we reported on a bill introduced on May 7 by Republican...more
As of March 12, 2020, the proposed Washington Privacy Act has foundered on enforcement rocks. The Senate did not agree with the House’s amendment that would have included a broad private right of action. The Senate’s version...more
3/13/2020
/ Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Authority ,
Infectious Diseases ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
State and Local Government ,
State Data Breach Notification Statutes
Wrapping up our multi-part series on the recent revisions to the CCPA draft regulations issued earlier this month by the California Attorney General’s office, we look at Article 6 pertaining to non-discrimination and...more
Now that the United Kingdom has officially withdrawn from the European Union as of January 31, you should look at your transfers of personal data in light of Brexit. Under the Withdrawal Agreement between the UK and the EU,...more
The Court of Justice of the European Union (CJEU) – the European Union’s equivalent to the US Supreme Court – has issued a very important ruling with respect to cookie compliance that may require re-evaluation of your cookie...more
10/3/2019
/ Cookies ,
Data Collection ,
Data Processors ,
Data Protection Authority ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Personal Data ,
Popular ,
Prior Express Consent ,
Social Media ,
Website Owner Liability ,
Websites
On June 28, 2018, California passed the California Consumer Privacy Act (CCPA) and then further amended it on September 23, 2018. CCPA breaks new state law privacy ground and imposes consumer protections that are comparable...more
We’ve now presented two webinars (links will be posted ICYMI) on the scope of the California Consumer Privacy Act, and have been talking with scores of clients about preparation and planning. One of the most frequently asked...more
June 28, 2018 will be a watershed day in the history of U.S. data privacy legislation. California has become the first state to move away from the U.S. approach of legislating data privacy in slow bits. Yesterday, both houses...more
6/29/2018
/ Consumer Protection Laws ,
Data Collection ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Portability ,
Private Right of Action ,
Right to Be Forgotten ,
State and Local Government