Proposed State Privacy Law Update: February 19, 2024

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Keypoint: Last week Wisconsin inched closer to passing a consumer data privacy bill, Colorado’s biometric privacy bill advanced out of committee, and several CCPA-amendment bill were introduced.

Below is the fourth weekly update on the status of proposed state privacy legislation in 2024.

Table of Contents

  1. What’s New
  2. Bill Tracker Charts
  3. Bill Tracker Maps

1. What’s New?

Wisconsin inched closer to becoming the next state to pass a consumer privacy bill with AB 466 / SB 642 passing out of a Senate committee on February 15. The Assembly previously passed the bill in November. The bill is based on the Virginia Consumer Data Protection Act (VCDPA), and would go into effect on January 1, 2025.

In Kentucky, HB 15 passed out of committee on February 14 and through a second House floor hearing on February 15. A floor amendment was filed on February 16. The bill is based on the VCDPA.

In Maryland, the House Economic Matters committee held a hearing on HB 567 on February 13. A hearing was held by the Senate Finance Committee on the companion bill (SB 541) on February 14. The committee hearings were very active with numerous testifiers and lawmaker questions.

In Maine, lawmakers held another work session on trying to reconcile the competing bills (LD 1973 and LD 1977). In Vermont, a committee meeting was held on H.121 on February 13.

In California, lawmakers introduced five CCPA-amendment bills last week.

Assembly Member Bauer-Kahan introduced AB 2877, which would amend the CCPA to require Agency board members to have qualifications, experience, and skills in consumer rights (in addition to the existing requirements of privacy and technology).

Assembly Member Lowenthal introduced AB 3048. The bill would prohibit a business from developing or maintaining a browser through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business and would prohibit a business from developing or maintaining a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency. This bill was discussed by Maureen Mahoney, Deputy Director of Policy & Legislation of the CCPA at prior Agency Board meetings.

There also were three CCPA amendment bills that appear to be placeholders for bills currently in draft. Assembly Member Irwin introduced AB 2426 on February 13. As currently drafted, the bill states only that it “is the intent of the Legislature to enact legislation to provide consumer protection for online digital content.” Assembly Member Alanis introduced AB 3080, which would make non-substantive changes to the CCPA’s notice at collection provision. Senator Niello introduced SB 1377, which would make non-substantive changes to the CCPA’s administrative enforcement provisions. February 16 is the last day for bills to be introduced, which is why we believe these are placeholder bills.

In biometric privacy bill developments, an amended version of Colorado HB 1130 passed out of committee on February 14. The bill received a further amendment on the House floor on February 16 and is scheduled for a House floor work session on February 20. The Judiciary committee hearing lasted for over an hour during which testimony was received from numerous witnesses, including multiple members of the Colorado Attorney General’s Office who testified in support of the bill.

In children’s privacy bill developments, committee hearings were held in Maryland on the companion AADC bills, HB 603 and SB 571. The committee hearings on these bills were very active with the bills’ subject matter of children’s online safety leading to multiple instances of passion from the committee members and testifiers. Maryland’s House passed an AADC bill last year but the bill died in the Senate.

In Vermont, a committee meeting was held on February 15 on its AADC bill (S 289). Meanwhile, in Hawaii, two committees deferred SB 2309 and SB 2012, also AADC bills. Finally, the New Mexico legislature closed without passing its AADC bill, SB 68.

In health data privacy developments, Mississippi Representative Porter introduced HB 1268 on February 15, 2024. The bill is a My Health My Data copycat.

In data broker bill developments, California Senator Wilk introduced SB 1076. The bill seeks to amend California’s data broker law (which was just last year amended through the DELETE Act).

In Hawaii, HB 1668 was deferred in committee. In Washington, a public hearing was held on HB 1799 on February 14. No action was taken on the bill at an executive session on February 15.

2. Bill Tracker Charts

For more information on all of the bills introduced to date, including links to the bills, bill status, last action, hearing dates, and bill sponsor information, please see the following charts:

3. Bill Tracker Maps

To access our tracker maps, click the following links:

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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