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U.S. State Privacy Regulators Create Consortium as Enforcement Trends Emerge

Trends and areas of focus under U.S. state data protection laws emerge as U.S. states with data protection laws in place increase enforcement actions and coordination....more

Illinois Amends Biometric Information Privacy Act to Reign in Liquidated Damages and Permit Electronic Signatures

The amendments clarify that a plaintiff is only entitled to liquidated damages for up to one violation per person. Businesses had previously faced steep settlements or damage awards into the billions of dollars....more

Nebraska Enacts Broad Data Protection Law Applicable to Businesses Collecting any Personal Data About Nebraska Consumers

Like Texas’s data protection law, Nebraska’s does not contain a minimum revenue threshold or a minimum number of consumers whose personal data needs to be processed prior to the law applying....more

REMINDER: Nevada Joins Washington with a Consumer Health Data Consent Law Now In Effect

Nevada’s new consumer health data law—like Washington’s My Health My Data Act—implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions. March...more

New Jersey Passes Comprehensive Data Protection Law, Adding to Quickly Growing List of States with such Laws on the Books

New Jersey continues the 2023 trend into 2024 of U.S. states quickly passing similar, omnibus data protection laws, becoming the 14th such state to do so. Last year proved to be a huge year in U.S. state data protection...more

REMINDER: Utah Data Protection Law in Effect as of December 31st

Utah became the fourth U.S. state to pass an omnibus data protection law when the Utah Consumer Privacy Act was signed into law March 24, 2022. As the page turns to a new year, a new U.S. state data protection law will...more

Privacy Floodgates Open: 13 U.S. State Data Protection Bring About Major Changes

Global Privacy Controls, vendor management, sensitive personal information, and the use of Ad Tech; new U.S. state data protection laws introduce twists to traditional notions of American data protection law. In the U.S.,...more

Reminder: One Month Until Colorado and Connecticut Data Protection Laws take Effect; California Enforcement Poised to Begin.

Enacted in 2022, the laws in Colorado and Connecticut will now join California’s and Virginia’s laws in placing broad obligations and requirements on businesses’ data collection and use practices. This year has seen a...more

FTC Implements Broad Definition of Biometric Information; Increases Focus on Data Protection Impact Assessments

While States like Illinois, Texas, and Washington focused on opt-in consent; the FTC is focused on clear and conspicuous disclosures and accounting and planning for foreseeable harms related to the collection of biometric...more

Privacy Points 2023: New State Laws Introduce New Audit and Internal Review Requirements for Personal Information Collection and...

Some states will affirmatively require annual audits of a business’s data collection and processing practices and—in some cases—to submit those audits to state regulators. With new US state data protection laws taking...more

Privacy Points 2023: California and Colorado Will Soon Require Acceptance and Adherence to Universal Opt-Out Mechanisms

As Colorado and other US states join California in putting broad data protection laws and regulations in place, the ability for consumers to “opt-out” of certain collection and processing activities also expands—including a...more

Privacy Points 2023: Different Sensitive Personal Information Rights & Requirements Emerge in New US State Data Protection Laws

Colorado Connecticut, and Virginia landed on requiring opt-in, prior consent before a business can collect sensitive personal information; while California and Utah landed on different forms of opt-out rights that allow...more

First Ever BIPA Trial Results in a $228 million Judgement Against Railway Company that Relied on Third Party Vendor to Collect...

The judgement, which came down last week, exemplifies the risk of biometric information collection in Illinois and the risk that can result from relying solely on third party vendors. On October 12, 2022, a jury found...more

Reminder: California Employee Personal Data In-Scope of California Data Protection Law Effective Jan. 1, 2023

The Employee Data Exemptions that existed in the original CCPA will no longer be effective in 2023 as the scope of the data protection law expands under the CPRA. In November 2020, California residents voted to adopt the...more

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