The International Association of Privacy Professionals (IAPP) once again delivered an outstanding 2025 Global Summit. Hinshaw partners and associates were proud to participate in the event and are pleased to provide our...more
Approximately one year after the Colorado Privacy Act (CPA) Rules went into effect, the Colorado Attorney General proposed draft amendments to reflect recent changes to the CPA. Recall that the CPA applies to "controllers"...more
As January 2025 privacy strategy planning ramps up this fall, our Privacy, Security, & Artificial Intelligence team has put together a planning alert for 2024–2025. In this installment, we review the following nine state...more
9/26/2024
/ Compliance ,
Consent ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection Impact Assessments (DPIAs) ,
Data Security ,
Opt-Outs ,
Personal Data ,
Privacy Policy ,
Regulatory Requirements ,
Sensitive Personal Information ,
State Privacy Laws
If you are a business operating in the Sunshine and/or Lonestar state, then this alert is for you. As discussed further below, Florida recently issued regulations, effective July 18, 2024, clarifying certain requirements set...more
7/17/2024
/ Authentication ,
Compliance ,
Consumer Privacy Rights ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Security ,
Florida ,
Personal Data ,
Regulatory Requirements ,
Sensitive Personal Information ,
State Privacy Laws ,
Texas
Rhode Island is the latest state to enact consumer privacy legislation. The Rhode Island Transparency and Privacy Protection Act (the "Act"), which passed into law on June 28, 2024, establishes a framework for controlling and...more
7/16/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Impact Assessments ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Policy ,
Rhode Island ,
Sensitive Personal Information ,
State Privacy Laws
With state privacy laws continuing to increase, will the federal American Privacy Rights Act be adopted? Over 18 states have now enacted comprehensive state privacy laws, three of which go into effect on July 1, 2024, in...more
6/26/2024
/ Biometric Information ,
Compliance ,
Consumer Privacy Rights ,
Data Brokers ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Regulations ,
Notice Requirements ,
Personal Data ,
Personally Identifiable Information ,
State Privacy Laws
On June 7, 2024, the New York state legislature passed two bills aimed at increasing the protection of children in an ever-changing digital world. Titled the New York Child Data Protection Act (CDPA) and the Stop Addictive...more
6/18/2024
/ Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Privacy ,
Data Protection ,
Minors ,
New York ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
State Legislatures
Kentucky - On April 4, 2024, Kentucky joined the growing number of states to enact data privacy legislation, becoming the third state to do so in 2024 and the fifteenth state overall at the time of enactment....more
4/24/2024
/ Compliance ,
Consent ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection Impact Assessments (DPIAs) ,
Data Retention ,
Data Security ,
Gramm-Leach-Blilely Act ,
Nonprofits ,
Opt-Outs ,
Personal Data ,
State Privacy Laws
On April 6, 2024, Maryland's legislature passed a comprehensive privacy bill, the Maryland Online Data Privacy Act (MODPA), and sent it to the state's governor for signature. If enacted, the law would take effect on October...more
4/22/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Maryland ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Privacy Policy ,
Sensitive Personal Information ,
State Privacy Laws ,
Targeted Digital Advertising
We recently attended the International Association of Privacy Professionals (IAPP) 2024 Global Summit. The event provided great insights into privacy, artificial intelligence (AI), and regulatory issues, and we wanted to...more
4/8/2024
/ Artificial Intelligence ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Data Brokers ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Professional Development ,
Regulatory Standards ,
Risk Management
For companies that slow-tracked their California compliance activities because of the tentative March 29, 2024 effective date due to the pending appeal on the regulation enforcement timeline, it is now time to prioritize...more
With the first month of 2024 now behind us, it is time for organizations to start seriously considering key comprehensive state data privacy compliance obligations for 2024. In total, seven states passed data privacy laws...more
2/13/2024
/ Compliance ,
Consumer Privacy Rights ,
Data Privacy ,
Data Security ,
GLBA Privacy ,
Personal Information ,
Privacy Policy ,
Sensitive Personal Information ,
Small Business ,
State Privacy Laws ,
Targeted Digital Advertising ,
Third-Party Service Provider
Augustus Caesar once said, "if you want a rainbow, you have to deal with the rain." Presumably, this was said—in Latin—after he overhauled all aspects of ancient Roman life. Thousands of years later, the same sentiment holds...more
Personal privacy is important. Some of us need at least a couple of hours of it every day just to function. However, too much privacy can also be harmful because, at its core, privacy means isolation. As the American writer...more
After years of inaction and watching other Western nations—and even some not so Western Nations, e.g., China—enact data privacy and protection laws, it appears the United States (U.S.) may finally be getting into the game....more
On August 20, 2021, the People’s Republic of China (PRC) passed a sweeping data protection law, the Personal Information Protection Law (PIPL), set to take effect on November 1, 2021. Although the PIPL appears to borrow...more
On August 16, 2021, the Securities and Exchange Commission (SEC) announced a $1 million settlement with Pearson plc (Pearson) in connection with a 2018 "cyber intrusion" that resulted in the theft of millions of student...more
Accidents happen, but so can negligence. When you combine negligence with a violation of one or more statutes and a constitutionally guaranteed right to privacy, the consequences can and should be dire. That is what the...more
U.S. Senators Roger Wicker (R-Miss) and Marsha Blackburn (R-Tenn) recently reintroduced a comprehensive federal privacy bill entitled the Setting an American Framework to Ensure Data Access, Transparency, and Accountability...more
A new data protection and privacy bill (HB 376) was recently introduced in Ohio. The Ohio Personal Privacy Act (OPPA) is similar to recent legislative enactments in California, Virginia, and Colorado, but of the three, this...more
A new data protection and privacy bill (HB 1126) was recently introduced in Pennsylvania. Although not as robust as the California Consumer Privacy Act (CCPA), the proposed Consumer Data Privacy Act (the Act) would similarly...more
On April 30, 2021, Iowa Governor Kim Reynolds signed into law the Iowa Insurance Data Security Act, making Iowa the latest state to adopt the National Association of Insurance Commissioner's model cybersecurity law. Effective...more
On April 29, 2021, Senator Jerry Moran of Kansas reintroduced a comprehensive federal privacy bill entitled the Consumer Data Privacy and Security Act (the Act). The Act integrates themes from the CCPA and GDPR and provides...more