Proposed State Privacy Law Update: Jan. 18, 2022

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Keypoint: 2022 is off to a fast start with proposed state privacy laws filed in Alaska, Florida, Indiana, Kentucky, New Jersey, Pennsylvania and Vermont, joining the long list of bills already filed.

Welcome back! This is our first weekly update on the status of proposed CCPA-like state privacy laws in 2022. Last year, we provided sixteen weekly updates, culminating with the passage of the Colorado Privacy Act. We will bring you the same coverage in 2022 with weekly updates in your inbox every Monday morning for subscribers. Before we get to our first update, we wanted to provide three reminders.

First, we will be regularly updating our 2022 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

What’s New?

Everything.

With state legislatures just opening or reconvening, lawmakers have filed many new bills. Based on our analysis, lawmakers have already introduced bills in 15 states and the District of Columbia, and lawmakers in five more states have confirmed that bills are coming. Many states also are considering multiple bills, making the landscape of bills, increasingly complicated.

For those who have read our prior blog posts (see here and here), we identified the following bills since we last posted on January 9:

  • A third bill filed in Alaska
  • Two bills filed in Florida
  • A second bill filed in Indiana
  • A bill filed in Kentucky
  • Three bills filed in New Jersey
  • A second bill filed in Pennsylvania
  • A second bill filed in Vermont

We are also off to a fast start with committee hearings. There are four hearings scheduled so far: January 20 (hearings in Indiana and Washington), January 21 (Alaska), and January 26 (Maryland).

Finally, while canvasing bills we came across a number of privacy bills that might be of interest:

  • Four states are considering BIPA-like biometric privacy legislation (Maryland, Massachusetts, Kentucky, and West Virginia)
  • Delaware lawmakers are considering a data broker bill
  • Illinois lawmakers are considering a do not track bill
  • Oklahoma Representative Walke pre-filed bills on voice recognition and computer algorithms.

More details follow.

Overview

Last year, we divided our analysis into three categories: (1) passed bills, (2) active bills, and (3) dead bills. Given that the legislative sessions have just started – and no bills have passed or died – we will not be using those categories yet and instead will list bills alphabetically by state.

For links to all of these bills please see our 2022 State Privacy Law Tracker.

Alaska

Representative Rauscher pre-filed HB 222 on January 1, 2022 by. It joins HB 159 and SB 116, which were filed in 2021 and carried over to the 2022 session. HB 159 is scheduled for a hearing in the Labor & Commerce Committee on January 21, 2022. The Alaska legislature convenes on January 19, 2022.

Arizona

Representative Domingo DeGrazia – author of HB 2865 in 2021 – reported that he will be filing at least one privacy bill in 2022.

Connecticut

Over the summer, Connecticut Senator James Maroney, who introduced SB 893 in 2021, convened a privacy working group comprised of various stakeholders to prepare the bill for the 2022 legislative It is expected that an updated bill will be introduced when Connecticut’s legislature opens in February.

District of Columbia

Council Chairman Mendelson introduced B24-0451 at the request of the Uniform Law Commission (ULC). The bill is based on the Uniform Personal Data Protection Act drafted by the ULC. The bill was referred to the Committee on Judiciary and Public Safety.

Delaware

Although not a broad consumer data privacy bill, Delaware lawmakers are considering HB 262, which would regulate data brokers. The bill was assigned to the House Technology & Telecommunications Committee.

Florida

Florida lawmakers proposed two bills so far. Senator Bradley filed SB 1864 on January 7, 2022. That bill was referred to the Senate committees on Commerce and Tourism, Regulated Industries and Rules. In the House, Representative McFarland filed HB 9 on January 11, 2022. That bill was referred to the House Commerce Committee.

Illinois

Although not a broad consumer privacy bill, Senator Cullerton introduced the Do Not Track Act (SB 3081) on January 11, 2022.

Indiana

Representative Hamilton introduced HB 1261 on January 10, 2022. The bill was referred to the House Committee on Commerce, Small Business and Economic Development.

Senator Brown introduced SB 358 on January 12, 2022. The bill was referred to the Senate Committee on Commerce and Technology. The bill is scheduled for a hearing on January 20, 2022.

Kentucky

Senator Westerfield introduced SB 15 on January 13, 2022. The bill was referred to the Committee on Committees.

Although not a broad consumer privacy bill, Kentucky lawmakers are also considering HB32, a biometric information privacy bill.

Maryland

Senator Susan Lee pre-filed the Maryland Online Consumer Protection and Child Safety Act (SB 11) in October. The bill was referred to the Senate Finance Committee and is scheduled for a hearing on January 26, 2022.

Although not a broad consumer privacy bill, Maryland lawmakers are also considering HB 259, a biometric information privacy bill. The bill is with the Economic Matters Committee.

Massachusetts

Massachusetts lawmakers continue to consider the Massachusetts Information Privacy Act (H.136, H.142 & S.46). Those bills were referred to the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity. The Committee held a hearing on October 13, 2021, but has not scheduled any additional hearings to date.

Although not a broad consumer privacy bill, Massachusetts lawmakers are also considering S.220, a biometric information privacy bill. That bill was assigned to the Senate Committee on Consumer Protection and Professional Licensure.

Minnesota

Last year, the Minnesota legislature considered HF 1492, sponsored by Representative Steve Elkins. Representative Elkins held an informational hearing on the bill over the summer and will be filing an amended bill when the Minnesota legislature opens in late January.

Mississippi

Mississippi Representative Angela Turner-Ford confirmed she intends to re-introduce the Mississippi Consumer Data Privacy Act (SB 2612) in 2022.

New Jersey

New Jersey lawmakers filed three bills: S332, A505, and A1971.

New York

As shown on our tracker, New York lawmakers are considering a number of consumer privacy bills in 2022. Of note, the New York Privacy Act (S 6701A / A 680B) was amended and recommitted in early January. That bill passed out of the Senate Consumer Protection Committee in 2021 but did not advance further. The bill has been referred back to the Consumer Protection Committee.

North Carolina

In 2021, Senator Joyce Waddell and others introduced SB569, the North Carolina Consumer Privacy Act. The bill was referred to the Committee on Rules and Operations of the Senate, where it has remained idle. The bill will carry over into 2022. The North Carolina legislature opens January 19, 2022.

Ohio

The Ohio Personal Privacy Act was introduced on July 13, 2021 and referred to the House Government Oversight Committee. From September to December, the Committee held four hearings on the bill but has yet to vote on it. In December, it was reported that the bill had been held back from a Committee vote to allow for further consideration. The bill carried over into 2022.

Oklahoma

Oklahoma lawmakers will consider two bills filed by Representative Collin Walke when the legislature opens in February. First, HB 1602, which passed the Oklahoma House last year but stalled in the Senate, will carry over. Second, Representative Walke pre-filed a second bill – HB 2969 – in September.

Of note, Representative Walke also pre-filed the Voice Recognition Privacy Act of 2022 (HB3009) and a computer algorithm regulation bill (HB 3011).

Pennsylvania

Pennsylvania lawmakers considered HB 1126 in 2021. Lawmakers introduced the bill in April and referred it to the House Consumer Affairs Committee where it remained idle. The bill will carry over to 2022.

In December, lawmakers introduced a second bill – HB2202. That bill also was referred to the House Consumer Affairs Committee.

The Pennsylvania legislature is open year-round with recesses. It is set to reconvene on April 1, 2022.

South Carolina

Lawmakers introduced the South Carolina Biometric Data Privacy Act (H3063) in 2021. The bill was referred to the House Committee on Labor, Commerce, and Industry where it remained. The bill will carry over to the 2022 session, which began on January 11, 2022.

Tennessee

Asked to comment on the status of proposed privacy legislation, Tennessee lawmakers indicated that HB1467 will carry over to 2022 and be the vehicle for such legislation. The text of the bill is not online. Last year, lawmakers introduced HB 1197.

Vermont

Representative Maida Townsend sponsored H.160 in 2021. She confirmed that the bill carried over to the 2022 session, which opened on January 4, 2022.

On January 11, 2022, Representatives Marcotte and Kimbell introduced H.570, which was referred to the House Committee on Commerce and Economic Development.

Washington

Washington lawmakers are considering a number of privacy bills in 2022.

Senator Carlyle’s Washington Privacy Act (SB 5062) carried over from last year. In 2021, that bill passed the Senate but failed in the House. The bill is assigned to the Senate Rules Committee.

Senator Carlyle also introduced SB 5813, which addresses children and adolescent information, data brokers, and opt out signals. That bill is scheduled for a hearing on January 20, 2022 in the Senate Committee on Environment, Energy & Technology, which Senator Carlyle chairs.

Representative Kloba’s People’s Privacy Act (HB 1433) also carried over from 2021. Representative Kloba is working on an amended bill.

Finally, Representatives Vandana Slatter and April Berg introduced the Washington Foundational Data Privacy Act (HB 1850). The bill is similar to the Colorado and Virginia laws, but it contains an annual registration requirement, would create the Washington State Consumer Data Privacy Commission (similar to the California Privacy Protection Agency), and contains a private right of action. That bill was referred to the Civil Rights & Judiciary Committee.

West Virginia

Although not a broad consumer privacy bill, West Virginia lawmakers are considering HB2064, a biometric information privacy bill. That bill was assigned

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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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