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Eye on Privacy: 2023 Year in Review

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

Closing Out 2023 with Utah’s Privacy Law

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

CCPA Amendments Extend Protections to Reproductive Health and Citizenship Status

Governor Newson recently signed two amendments to the CCPA strengthening protections for certain data types. The changes go into effect January 1, 2024....more

The Comprehensive Privacy Law Deluge: Impact on Loyalty Programs

Among the various requirements under US state comprehensive privacy laws, those that relate to loyalty programs may be some of the most confusing. Only three states — California, Colorado and Florida — regulate these...more

What Do the CPPA’s Draft Regulations on Risk Assessments and Cybersecurity Audits Mean for Companies?

The CPPA, the California regulatory body charged with enforcing CCPA, has now issued draft regulations on risk assessments and cybersecurity audits. The draft was released ahead of a public board meeting to discuss those...more

The “First State” Officially Becomes the Thirteenth State with a Comprehensive Data Privacy Law

After some delay, Delaware’s governor has at last signed into law the thirteenth state comprehensive privacy law. This is the seventh law passed in 2023, joining Iowa, Indiana, Tennessee, Montana, Florida, and Oregon. The law...more

Texas Amends Data Breach Notification Law, Updates Effective September 1

Texas recently enacted an amendment to its data breach notification law. As of September 1, 2023, there are two changes to the requirements when notifying the Texas Attorney General. In Texas, breaches of 250 residents or...more

State Privacy Law Roundup: What Financial Services Entities Need to Know

Financial services companies beware: the new state privacy laws exemption are not uniform. To recap, there are privacy laws in 12 states: California, Colorado, Connecticut, Florida, Indiana, Iowa, Montana, Oregon, Tennessee,...more

State Privacy Law Roundup: What Health Care Companies Need to Know

As more and more states are enacting privacy laws, organizations in the health care industry may be wondering what the impact these laws will have on them. At this point, there are privacy laws in 12 states, with one more...more

Impact of the Last Minute CCPA-Enforcement Delay

A California court recently issued a ruling delaying the CPPA’s ability to enforce the most recent CCPA regulations until March 29, 2024. This does not delay enforcement of the CCPA statute or existing regulations....more

Another Governor Signs: Florida Privacy Law Will be Effective July 2024

Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy...more

Governor Signs: Hoosier State Adds to the US Privacy Patchwork

Indiana has now become the seventh US state to enact a comprehensive privacy law after Senate Bill 5 (“SB5”) was signed by the governor on May 1, 2023. The new law will go into effect January 1, 2026, and is almost identical...more

My Health My Data Act: Consumer Rights

In this second post in our ongoing series, we examine the scope of rights given to consumers under the recently enacted My Health My Data Act... The law provides consumers several rights, all of which are in other privacy...more

My Health My Data Act: Scope of the Law

On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. While the 2023 legislative season has been busy for state “comprehensive” privacy...more

Utah Amends Data Breach Law, Creates Cyber Center

Utah’s breach notification requirements will change on May 3, 2023. The recently amended data breach notification law now requires companies to notify the Attorney General for a breach involving 500 or more state residents....more

New Draft Regulations for Colorado’s Privacy Law

The Colorado Attorney General recently released the second set of draft regulations to the Colorado Privacy Act (CPA). In this draft, the AG is seeking specific input on five different topics. There are also a number of...more

IAB Steps In State Signal Morass

Companies who participate in the AdTech and digital advertising eco-system are very familiar with the Interactive Advertising Bureau and its form advertiser agreements. Those agreements can help streamline negotiations,...more

Comparing and Contrasting the Opt Out Preference Signal Across States

The talk of “opt-out preference signals” or global privacy controls (GPC) has been increasing as companies dig into the forthcoming requirements under US “comprehensive” privacy laws. What is an opt-out preference signal? An...more

State Comprehensive Privacy Laws: Status of the Regulations

With 2023 quickly approaching, many are spending this final quarter preparing for the five US state “comprehensive” privacy laws. Some of these contemplate clarifying regulations with technical and operational requirements....more

CCPA May Soon Apply to Employee and B2B Information

Companies subject to California’s Consumer Privacy Act (CCPA) may soon need to figure out how to scale their privacy compliance programs to include employee and B2B information. The current exemptions that exist for most of...more

Preparing for US State Privacy Law Compliance: The Six Month Mark

With six months before the first of the new US state general privacy laws go into effect, there are several steps companies can take now to begin to prepare. Unfortunately there are some parts of compliance that will be...more

What Should We Do About the Draft CPRA Regulations?: Collection and Notice

The California Privacy Protection Agency (CPPA) recently released the draft proposed CCPA Regulations and draft initial statement of reasons. Importantly, these are draft regulations that are likely to be subject to extensive...more

Connecticut Fifth State to Pass a Comprehensive Privacy Law

Connecticut just joined California, Colorado, Utah, and Virginia in passing a comprehensive privacy law. The Connecticut Data Privacy Act (CTDPA) goes into effect July 1, 2023, the same time as Colorado’s very similar law...more

Colorado AG Seeks Input on Key Aspects of Upcoming Privacy Act

The Colorado AG’s office recently released pre-rulemaking considerations for the Colorado Privacy Act (CPA). The office is seeking informal public feedback on a series of topics. While the AG listed eight specific topics for...more

Arizona Expands Regulator Data Breach Notification Obligations

Arizona recently amended its breach notice law to change the regulator notification requirements. Starting this summer, depending on the scope of the incident, the Arizona Department of Homeland Security will need to be...more

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