Keypoint: It was another busy week with committee movement on the Indiana and Iowa consumer privacy bills while lawmakers introduced six consumer privacy bills in Illinois, Massachusetts, Minnesota, New Hampshire, Vermont and...more
Keypoint: The draft CPA rules retain the hallmarks of what makes the CPA rules unique but contain some notable revisions and clarifications.
On Friday, January 27, 2023, the Colorado Attorney General’s Office published the...more
1/30/2023
/ Authentication ,
Biometric Information ,
Colorado ,
Consent ,
Corporate Counsel ,
Data Privacy ,
Minors ,
Notice Requirements ,
Opt-Outs ,
Right to Delete ,
Right-To-Access ,
State Privacy Laws
The landscape of U.S. state privacy law is changing once again. In 2022, the California legislature passed The California Age-Appropriate Design Code Act (AB 2273), a first-in-the-nation law based on the United Kingdom’s...more
Keypoint: It was another busy week with lawmakers introducing consumer privacy bills in Hawaii, Indiana, Massachusetts and New York, biometric privacy bills in Hawaii and New York, and a health data privacy bill in...more
Keypoint: The 2023 state legislative session is off to a fast start with state lawmakers introducing consumer data privacy bills in eight states and numerous bills on biometric information, children’s privacy, health data...more
1/16/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Cybersecurity ,
Data Brokers ,
Data Privacy ,
Minors ,
PHI ,
Popular ,
State Privacy Laws
Update your bookmark, we just released our 2023 State Privacy Law Tracker. With state legislatures starting to open for the 2023 session, lawmakers are already introducing CCPA-like consumer privacy bills....more
Keypoint: Employers who use automated employment decision tools in New York City will receive additional guidance on complying with Local Law 144 before enforcement begins on April 15, 2023....more
Keypoint: The changes are mostly controller-friendly with modifications to the privacy notice, consent, and data protection assessment provisions likely to facilitate compliance; however, the draft rules retain many of the...more
Until the federal government passes a preemptive federal privacy law, state legislatures will continue to be the driving force in the development of U.S. privacy law. While others have – appropriately – speculated on how the...more
Keypoint: On the heels of last week’s Board meeting, Agency staff quickly turned around a modified version of the proposed regulations, triggering a fifteen day comment period and further signaling that the Agency is on track...more
Keypoint: The Board advanced the modified proposed CPRA regulations with the goal of submitting final regulations to the Office of Administrative Law by year end....more
Keypoint: The California Privacy Protection Agency’s issuance of significantly modified proposed regulations comes days in advance of four scheduled Board meetings where the proposed regulations will open to debate,...more
The Colorado Attorney General’s Office published draft Colorado Privacy Act (CPA) rules on September 30, 2022. The draft rules are a complex and lengthy set of regulations that, if adopted without substantial modification,...more
10/6/2022
/ C-Suite Executives ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Chief Compliance Officers ,
Chief Technology Officer (CTO) ,
Colorado ,
Continuing Legal Education ,
Corporate Counsel ,
Cybersecurity ,
Data Controller ,
Data Privacy ,
Information Security ,
Privacy Acts ,
Proposed Rules ,
State Privacy Laws ,
Webinars
Keypoint: The CPA draft rules are a complex and lengthy set of regulations that, if adopted without substantial modification, will significantly expand the CPA’s requirements and require controllers to carefully consider...more
10/3/2022
/ Authentication ,
Biometric Information ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Consent ,
Data Privacy ,
European Data Protection Board (EDPB) ,
Opt-Outs ,
Popular ,
Right of Access ,
Right to Delete ,
Sensitive Personal Information ,
State Privacy Laws
Keypoint: Businesses subject to the CCPA will need to revise their compliance programs before the exemptions expire on January 1, 2023.
As previously reported, the California legislature had been considering multiple bills...more
9/1/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Data Privacy ,
Data Transfers ,
Disclosure Requirements ,
Employee Monitoring ,
Information Requests ,
Personal Information ,
Personnel Records ,
Popular
Keypoint: The thirteen new enforcement case examples – released just a few months before the CCPA’s right to cure sunsets – provide further insight into the Attorney General’s enforcement priorities....more
Keypoint: The Attorney General’s announcement of a $1.2 million penalty sends a “strong message” to companies to come into compliance.
On August 24, 2022, California Attorney General Bonta announced the first public...more
In this episode of Data Privacy Unlocked, Husch Blackwell’s David Stauss discusses consumer data privacy with the IAPP’s Joseph Duball. In what has become a yearly conversation, Dave and Joe discuss what happened with...more
The House Committee on Energy & Commerce reported out the American Data Privacy and Protection Act (ADPPA) last week and it is now eligible for a full House vote. If passed by Congress and signed by the President, the ADPPA...more
8/3/2022
/ C-Suite Executives ,
Chief Compliance Officers ,
Chief Information Security Officer (CISO) ,
Chief Legal Officers ,
Chief Privacy Officer ,
Chief Technology Officer (CTO) ,
Consumer Privacy Rights ,
Continuing Legal Education ,
Covered Entities ,
Data Privacy ,
Data Protection ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
Webinars
Keypoint: As currently drafted, the ADPPA’s private right of action provides U.S. citizens with the opportunity to enforce their privacy rights but limits lawsuits to federal court and provides covered entities and service...more
8/2/2022
/ Arbitration Agreements ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Demand Letter ,
Federal Trade Commission (FTC) ,
Online Privacy Protection Act ,
Privacy Laws ,
Private Right of Action ,
Right To Cure
Keypoint: The House Committee on Energy & Commerce reported out the American Data Privacy and Protection Act by a vote of 53-2, referring the bill to the full House....more
Keypoint: While the Agency previously published draft regulations in early June, its filing of a Notice of Proposed Rulemaking officially initiates the rulemaking process and triggers a 45-day comment period....more
In this episode of Data Privacy Unlocked, Husch Blackwell’s David Stauss discusses the Connecticut Data Privacy Act with the law’s primary author, Connecticut Senator James Maroney. In this conversation, Senator Maroney...more
Keypoint: A revised version of the American Data Privacy and Protection Act was formally introduced in the House and voted out of a subcommittee.
As we previously reported, on June 3, 2022, a bipartisan and bicameral group...more
Keypoint: The comments focus on identifying areas in which the Attorney General’s Office may provide additional clarity to consumers and businesses and to ensure, where appropriate, the interoperability of the Colorado...more
6/22/2022
/ Authentication ,
Biometric Information ,
Colorado ,
Consent ,
Consumer Privacy Rights ,
Consumer Requests ,
Data Breach ,
Data Privacy ,
Personal Information ,
Privacy Notice Rule ,
State Privacy Laws