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Privacy Points: 2024 Recap and What to Watch For in 2025

Looking forward to 2025, more U.S. states are in line to pass omnibus data protection laws, enforcement of U.S. state data protection laws is likely to increase, and “sensitive data” concepts will similarly grow and take...more

Colorado Amends Privacy Act to Include Enhanced Biometric Data Requirements

The Colorado Privacy Act already required prior consent for sensitive personal data, with the amendment now setting forth requirements for purchasing and retaining biometric data. The Colorado state legislature recently...more

Three US State Data Protection Laws Set to Take Effect in Less Than Two Months

2023 saw a dramatic increase in states passing omnibus data protection laws. As the mid-point of 2024 arrives, effective dates also arrive. On July 1, 2024, the number of US states with broad, omnibus data protection laws...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

Kentucky Governor Signs Kentucky Consumer Data Protection Act into Law

Kentucky joins the growing trend of U.S. state data protection laws with well over a dozen now in place across the country. Last year proved to be a huge year in U.S. state data protection law, ending with 13 U.S. states...more

California Privacy Protection Agency Issues First Enforcement Advisory; Addresses Data Minimization Concerns

In its first ever enforcement advisory, the CPPA highlighted the key concept of data minimization—specifically focusing on excessive data collected when consumers make requests pursuant to their data privacy rights under the...more

Privacy Surprise: Bipartisan Group Proposes Omnibus Data Protection Law that Preempts all US State Data Protection Laws

The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more

Colorado Close to First-in-the-Nation Neuro-Privacy Law Designed to Protect Biological and Neural Data

The amended version of the bill—which itself amends Colorado’s Privacy Act—now heads for final passage and governor signature. The Colorado state legislature is close to final passage of the “Act Concerning Protection the...more

United States Looks Towards its First Cross-Border Data Transfer Regime with New Executive Order

President Biden issued an Executive Order last month calling on the DOJ and relevant government agencies to tighten regulations on bulk data transfers to “countries of concern.” In late February, President Biden issued...more

New Hampshire Joins Data Protection Trend, Passes Comprehensive Data Protection Law

New Hampshire joins New Jersey as the second state passing a data protection law in 2024. New Hampshire is the 15th overall US state to do so. Last year proved to be a huge year in U.S. state data protection law, ending...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

Privacy Points 2024: Recap and What to Watch For in 2024

Last year proved to be a big year in data protection with U.S. state data protection laws popping up across the country, the FTC updating its guidance and regulations on everything from data breaches and biometric...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

Privacy Floodgates Open: 13 U.S. States Now Have Omnibus Data Protection Laws on the Books

This year has proven to be a turning point in the U.S. data protection law landscape with California’s amended data protection law coming into effect and Colorado’s, Connecticut’s, and Virginia’s data protection laws joining...more

California Court Delays Enforcement of CPRA Regulations; as Enforcement on Originally Passed Statute Begins

The updated California data protection law itself is now in effect and enforceable as of July 1, 2023; however, enforcement of the regulations—which clarify key provisions of the law—is delayed. Just before full...more

Recent Dental Benefit Provider Data Breach Highlights Legal Risks and Need for Proactive Mitigation

Data Breaches risk legal consequences—both from state and federal governments and consumers, as well as reputational harm. Last month, MCNA—a dental benefit provider—provided notice of a data breach that exposed the...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

Montana and Tennessee Join the Fray Enacting Omnibus Data Protection Laws as U.S. State Data Protections Pick Up Pace

Montana and Tennessee are the latest states to pass data protection laws under a “controller” and “processor” model as 2023 is proving to be a year of Privacy and Security overhaul. With 2023 showing no signs of slowing...more

Iowa Set to Become Sixth U.S. State to Enact an Omnibus Data Protection Law While Federal Legislation Stagnates

Like recent new U.S. state data protection laws, the Iowa law creates a “controller” and “processor” regime modeled more so after EU law than the first U.S. state data protection law in California—the CCPA. On March 15,...more

The UK Moves to Reform the UK GDPR Aims to be Both Business Friendly and Adequate in the Eyes of the EU

While the reform is a long way away from a certainty, it represents a departure of the UK from the EU’s strict adherence and adoption of the General Data Protection Regulation which came into effect in 2018. Earlier this...more

Privacy Points 2023: Contractual Provisions Required as New State Laws Regulate the Sharing and Processing of Personal Information...

The ability to verify compliance with applicable law, notice and opt-out requirements for subcontractors, and flowing through data minimization principles are key requirements under new US state data protection laws. As...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

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