Montana recently revised its Genetic Information Privacy Act to address neural data. The law went into effect in 2023, and applies to both entities that offer genetic testing services as well as entities that use genetic...more
Virginia’s governor recently signed into law a bill that amends the Virginia Consumer Data Protection Act. As revised, the law will include specific provisions impacting children’s use of social media. Unless contested, the...more
5/16/2025
/ Children's Online Games ,
Data Protection ,
New Legislation ,
Online Safety for Children ,
Parental Consent ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Requirements ,
Social Media ,
State Privacy Laws ,
Virginia
Arkansas’ second attempt at regulating minor’s access to social media – in the form of the Social Media Safety Act (SB 689) – has again been struck down as unconstitutional. The court permanently enjoined the state from...more
4/11/2025
/ Constitutional Challenges ,
First Amendment ,
Free Speech ,
Minors ,
New Legislation ,
Online Safety for Children ,
Parental Consent ,
Privacy Laws ,
Proposed Legislation ,
Social Media ,
State Privacy Laws
The Virginia law, like the Colorado Act, would have imposed various obligations on companies involved in the creation or deployment of high-risk AI systems that influence significant decisions about individuals in areas such...more
3/31/2025
/ Algorithms ,
Artificial Intelligence ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
State and Local Government ,
State Legislatures ,
State Privacy Laws ,
Technology ,
Texas ,
Virginia
Utah’s governor recently signed the first law which puts age restrictions on app downloads. The law (the App Store Accountability Act, SB 142), was signed yesterday (Wednesday, April 26, 2025). We anticipate that the law may...more
The Ninth Circuit continued the pause on California’s SB 976 (Protecting Our Kids from Social Media Addiction Act) as of late January 2025. The law was signed by Governor Newsom in September 2024, and challenged by NetChoice...more
As 2024 came to a close, New York Gov. Hochul signed two bills (A8872A and S2376B) amending New York’s data breach law. The modifications change both what constitutes personal information under the law, as well as modifying...more
Are you ready for the next set of US state privacy laws going into effect? Delaware, Iowa, Nebraska, and New Hampshire are effective January 1, and New Jersey’s law go into effect two weeks later (January 15)....more
The dust is beginning to settle from the raft of AI-related bills Governor Newsom signed last month in California. (See for example, our post about neural data.) Most of the provisions will not go into effect for another few...more
10/30/2024
/ Artificial Intelligence ,
California ,
Data Security ,
Disclosure ,
Entertainment Industry ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
Robocalling ,
State and Local Government ,
State Privacy Laws ,
Transparency
2024 seems like it is flying by. For those keeping track of US state “comprehensive” privacy laws you know that October 1 – a week away – brings the effective date of the Montana privacy law. The “big sky” state will join...more
9/24/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Montana ,
New Legislation ,
New Regulations ,
Privacy Laws ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
As we enter the end of the summer, the AI regulatory steam is not slowing down. Colorado is now the first US state to have a comprehensive AI law (going into effect February 1, 2026), and the EU published its sweeping AI law...more
8/14/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Colorado ,
Computer Programmers ,
Enforcement ,
EU ,
General Data Protection Regulation (GDPR) ,
Innovative Technology ,
Machine Learning ,
New Legislation ,
Non-Discrimination Rules ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Software Developers
Indiana recently amended its breach notification law to include as personal information age verification information collected by adult websites. At the same time, the state passed a new law for adult websites...more
As we enter into the heart of the summer there is no time to relax in privacy-land with the next batch of “comprehensive” privacy laws coming into effect on July 1. Namely, those in Texas and Oregon (and Florida if you count...more
Minnesota’s governor has now signed into law that state’s comprehensive privacy law. For those keeping count – that is number 19 of state “comprehensive” privacy laws, with six in 2024 alone. The Minnesota law will go into...more
6/10/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Popular ,
Privacy Laws ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Sensitive Business Information ,
State Privacy Laws
We’ve cautioned before about the danger of thinking only about US state “comprehensive” laws when looking to legal privacy and data security obligations in the United States. We’ve also mentioned that the US has a patchwork...more
Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a...more
5/30/2024
/ Artificial Intelligence ,
Connected Cars ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
Social Media ,
State and Local Government ,
State Privacy Laws ,
Transportation Industry ,
Web Tracking
Maryland’s new comprehensive data privacy law, the Maryland Online Data Privacy Act, was recently signed into law by Governor Moore. This brings the total number of state “comprehensive” privacy laws to 18, five of which have...more
5/21/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
The Utah legislature has been busy, with another law effective May 1. This one is “privacy adjacent” but worth keeping in mind. The law, the Artificial Intelligence Policy Act, was signed into law in March. Among other...more
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
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
New Jersey’s governor has signed into law the first US state comprehensive privacy law of 2024. It will go into effect January 16, 2025. For those keeping score, that puts New Jersey after Florida, Oregon, Texas (all July 1,...more
As we begin the new year, many are wondering whether the growing list of US state privacy laws apply to them, and if so, what steps they should take to address them. For companies that gather information from consumers,...more
Both Texas and Oregon recently adopted rules that will, among other things, implement a registry required by both states’ data broker laws. The Texas law went into effect September 1, 2023, and the Oregon law will go into...more
12/27/2023
/ Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Sellers ,
New Legislation ,
Oregon ,
Privacy Laws ,
Registration Requirement ,
State and Local Government ,
State Privacy Laws
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
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
It’s been a busy summer for US state privacy laws, and companies now need to keep track of a growing list of requirements from these laws. These include many we have written about in the past, including notice, vendor...more