We are back for our fifth year of tracking proposed state privacy legislation and fourth year of providing weekly updates. As in past years, we will track proposed consumer data privacy legislation through our weekly updates...more
Keypoint: New Hampshire is the fourteenth state to pass consumer data privacy legislation with a bill that is largely based on the Connecticut Data Privacy Act.
On January 18, 2024, the New Hampshire legislature passed...more
Keypoint: New Jersey is the thirteenth state to pass consumer data privacy legislation with a bill that is generally based on the Washington Privacy Act model but with some notable differences.
On January 8, 2024, the New...more
1/9/2024
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Processors ,
New Jersey ,
New Legislation ,
Opt-Outs ,
Popular ,
Privacy Laws ,
State Privacy Laws
Over the past few years, states have enacted numerous privacy laws, including broad consumer data privacy laws, children’s privacy laws, consumer health data privacy laws, and data broker laws. The enactment of so many...more
Keypoint: The Colorado Attorney General’s office has received public comments on its short-list of universal opt out mechanism applicants and will need to identify any qualifying mechanism by January 1, 2024....more
Keypoint: The Agency proposed more revisions to the CCPA regulations for consideration at the December 8 board meeting.
On December 1, 2023, the California Privacy Protection Agency (Agency) published proposed revisions to...more
12/4/2023
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California ,
California Privacy Protection Agency (CPPA) ,
Consent ,
Cybersecurity ,
Data Brokers ,
Opt-Outs ,
Right to Delete ,
Risk Assessment ,
Sensitive Personal Information ,
State Privacy Laws ,
Third-Party
Keypoint: The California Privacy Protection Agency continued its rulemaking efforts by releasing draft automated decisionmaking technology regulations although the Agency has yet to initiate the formal rulemaking process....more
11/28/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Notification Requirements ,
Opt-Outs ,
Personal Information ,
Right-To-Access ,
Risk Assessment ,
State Privacy Laws
Keypoint: The California Privacy Protection Agency continued its rulemaking efforts by releasing revised draft cybersecurity audit regulations although the Agency has yet to initiate the formal rulemaking process....more
Keypoint: A California federal district court granted NetChoice’s motion for preliminary injunction, finding that the California Age-Appropriate Design Code Act likely violates the First Amendment.
On September 18, 2023, the...more
Keypoint: Pending the Governor’s signature, the California Delete Act requires all data brokers to register with the CPPA next year and comply with a one-stop consumer deletion mechanism by 2026.
Last week, the California...more
9/18/2023
/ Audits ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Data Brokers ,
Disclosure Requirements ,
Duty to Delete ,
Fair Credit Reporting Act (FCRA) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Information and Protection Act ,
New Legislation ,
State Privacy Laws
The Consumer Financial Protection Bureau (CFPB) has been at the forefront of discussions surrounding the evolving role of data brokers in today’s digital economy. In particular, Director Rohit Chopra recently announced that...more
Keypoint: Although they are only draft regulations and not part of the formal rulemaking process, the drafts demonstrate the Agency’s intent to create extensive obligations for businesses subject to these regulations.
In...more
8/29/2023
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California Privacy Protection Agency (CPPA) ,
Colorado ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
Employee Privacy Rights ,
Popular ,
Risk Assessment
On July 31, 2023, the California Privacy Protection Agency announced a review of data privacy practices by connected vehicle (CV) manufacturers and related CV technologies. According to the Agency, “[t]hese vehicles are...more
Keypoint: The Attorney General’s investigatory sweep focuses on how large California employers are handling the expiration of the CCPA’s employee data exemption.
On July 14, 2023, the California Attorney General announced a...more
Keypoint: Enforcement by the California Privacy Protection Agency of the new CCPA regulations will be delayed until March 2024, but the Agency can still enforce the CCPA statutory changes as of July 1, 2023....more
Keypoint: Delaware is the twelfth state to pass consumer data privacy legislation with a bill that closely resembles the Connecticut law but with some notable differences.
On June 30, 2023, the Delaware legislature passed...more
Keypoint: Oregon is the eleventh state to pass consumer data privacy legislation with a bill that is one of the strongest passed to date.
On June 22, 2023, the Oregon legislature passed the Oregon Consumer Privacy Act...more
Below is the twenty-third – and final – weekly update on the status of proposed state privacy legislation in 2023. With the legislatures in many states now adjourned for the year, we are concluding our weekly updates....more
Keypoint: Last week the Nevada legislature passed a health data privacy bill, the Delaware House passed a consumer data privacy bill, the Oregon House passed a data broker bill, and the New York Senate passed consumer and...more
6/12/2023
/ Algorithms ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Proposed Legislation ,
State Privacy Laws
Below is the twenty-first weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders....more
6/5/2023
/ Algorithms ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
New Legislation ,
Online Safety for Children ,
Popular ,
State Privacy Laws
Keypoint: Last week the Texas legislature passed consumer data privacy, children’s social media, and data broker bills while the Nevada Assembly passed an amended version of its health data privacy bill.
...more
5/31/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Brokers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
Online Safety for Children ,
Popular ,
State Privacy Laws
Keypoint: Texas is the fifth legislature to pass a broad consumer data privacy bill this year with a bill that is a more consumer-friendly version of the Virginia law.
On May 28, 2023, the Texas legislature passed...more
Keypoint: Last week the Louisiana Senate passed a children’s social media bill, the Texas legislature appointed a conference committee for its comprehensive privacy bill, and various bills continued to advance in committees....more
5/22/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
Online Safety for Children ,
Popular ,
Privacy Laws
Keypoint: Last week the Texas Senate passed a comprehensive data privacy bill, the Tennessee Governor signed HB 1181 into law, and the Connecticut Senate passed a health/children’s privacy bill.
Below is the eighteenth...more
5/15/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Online Safety for Children ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws
Keypoint: Claims brought under the Washington My Health My Data Act’s private right of action will turn on whether a plaintiff can prove actual damages that were caused by a violation effecting the plaintiff’s business or...more