State Consumer Privacy Law Round-Up - February 2020

Davis Wright Tremaine LLP

Davis Wright Tremaine LLP

As the likelihood of the federal government passing a timely, workable national consumer privacy law before the November election decreases, states from coast to coast have been busy. According to the National Conference of State Legislatures, over 150 new consumer privacy bills were introduced in 25 states and Puerto Rico in 2019.

The year also saw numerous federal privacy law proposals in the form of bills, discussion drafts, frameworks, and white papers. Early signs indicate that legislators have no intent of slowing down this year.

Here is our cheat sheet to the comprehensive consumer privacy bills introduced thus far in 2020.



It looked like a sure thing that Washington was going to pass the “Washington Privacy Act” (WPA) last year, so it is no surprise that the legislature is actively back at it. The proposed WPA (SB 6281) (and its companion House Bill 2742) is modeled after the GDPR, but contains a more expansive requirement to conduct data protection assessments and lacks a lawful basis for processing requirement.

The bill’s authors attempted to avoid one sticking point in last year’s bill by carving out the issue of law enforcement’s use of facial recognition and placing it in its own bill (SB 6280). The Washington legislature is also considering a number of other discrete privacy bills on topics such as biometrics, internet of things, artificial intelligence, and use of bots.

  • Notable Distinctions: SB 6281 differs significantly from the CCPA in that it focuses more on an organization’s own use of data, requiring privacy protections across all personal information and not just that belonging to people who reach out to the company. It also provides opt-out rights for any use of personal information for targeted advertising, not only where the use involves a sale.
  • Enforcement: The failure of SB 6281 to include a private right of action for violations is expected to cause debate.
  • Proposed Effective Date: July 1, 2021.
  • Legislative Action: Several public hearings were held in January. Due to the short legislative session, bills must clear their house of origin by February 19 to stand a chance of being enacted this year.

New Hampshire


HB 1680-FN, a copycat of the CCPA which would provide the same access, deletion, and opt-out of sale rights to consumers without placing significant restrictions on organization’s internal uses of data.

  • Notable Distinctions: Because the bill was copied from the original version of the CCPA—prior to the 2019 amendments—it would cover data collected in employment and business-to-business contexts.
  • Enforcement: Like the CCPA, the law would provide a private right of action to individuals whose data is subject to unauthorized access due to the failure of an organization to adopt reasonable security—but enforcement of other violations is left to the state attorney general.
  • Proposed Effective Date: January 1, 2021.
  • Legislative Action: A public hearing was held on Jan. 23, and the bill is currently in committee.



The proposed “Virginia Privacy Act,” HB 473, would provide consumers the right of access, correction, and deletion, as well as the right to demand restriction of processing where the processing is not consistent with the purpose of collection or disclosed to the consumer at the time of collection.

The draft also allows consumers to opt-out of the use of their information for targeted advertising, regardless of whether a sale of data occurs. Further, it would require data protection assessments in all instances where an organization processes personal information. (The GDPR requires such assessments only in certain situations the law deems high risk; the CCPA does not require them at all).

  • Notable Distinctions: The draft recognizes entities that collect and sell information about consumers with whom they do not have a direct relationship as “data brokers” and would require an organization to specifically disclose whether it sells personal information to data brokers.
  • Enforcement: HB 473 would provide for a 30-day cure period for violations. After this time, violations that are not cured could be prosecuted under the Virginia Consumer Protection Act, which allows the private right of action to recover actual damages, or $500, whichever is greater.
  • Proposed Effective Date: Not specified.
  • Legislative Action: The Committee on Communications, Technology, and Innovation voted on January 27 to table the bill until 2021. Bills proposed in even years (VA has a 2-year legislature) that are designated to continue to the next year are often voted down during the process later in the year.

New York


The “New York Privacy Act” (A8526/S5642), which failed to emerge from committee before the legislative session ended last year, has been reintroduced. The draft bill was previously described by Wired as “even bolder” than the CCPA, and would prohibit personal data from being “used, processed or transferred to a third party” without opt-in consent.

NY state senators have expressed “impatience and frustration on Congress’ lack of haste in addressing the issue of data collection and privacy with New York state businesses” during the public hearing on the bill. Additional bills introduced this year, including the “It’s Your Data Act” (A7736), as well as Assembly Bill 6351/Senate Bill 4411, relating to the notification of acquisition and control of personal information, further demonstrate New York’s interest in passing a comprehensive privacy law.

  • Notable Distinctions: The law would also create a “duty of care, loyalty, and confidentiality” with respect to “securing the personal data of a consumer against a privacy risk.”
  • Enforcement: The bill would offer a private right of action to “anyone injured” through a violation of the law.
  • Proposed Effective Date: 180 days after enactment.
  • Legislative Action: The bill is currently in committee.

New Jersey


Draft bill A2188 would regulate owners/operators of websites and online services in their use of “personally identifiable information.” The bill, which is identical to one that stalled in the legislature in 2019, would offer consumers the right to opt out of sales of their information, require organizations to use a “Do Not Sell” link, and allow consumers to request access to copies of the information that an organization has sold to third parties.

  • Notable Distinctions: Online services is defined as “a commercial information service provided over the Internet”—a definition that is vague and raises significant questions as to applications beyond the use of website cookies.
  • Enforcement: The bill would make a violation simultaneously a violation of the state’s Consumer Fraud Act. That law allows consumers to sue for violations, but they must show an “ascertainable loss” to succeed.
  • Proposed Effective Date: Immediately upon enactment.
  • Legislative Action: The bill is currently in committee.



HB 963/AB1670 would permit a consumer to opt-out of the sale of covered information by request submitted to a “designated request address,” but does not contain other consumer rights such as access or deletion.

  • Notable Distinctions: Covered information would include information maintained by the operator “in an accessible format” such as contact information, social security number, and “any other information concerning a consumer” that is collected and maintained in combination with an “identifier in a form that makes the information personally identifiable.” The bill also would prohibit the use of public records requested from state agencies for contacting, marketing, or soliciting the consumer without opt-in consent.
  • Enforcement: An operator has the right to cure any failure to comply within 30 days of notice, but would be in violation for failure to do so timely, or for publishing a privacy notice containing material misrepresentations or omissions. The bill would not establish a private right of action and could only be enforced by the state Department of Legal Affairs.
  • Proposed Effective Date: July 1, 2020.
  • Legislative Action: The bill is currently in committee.



The Nebraska Consumer Data Privacy Act (LB 746) takes a “consumer rights” approach similar to the CCPA. The bill would create the right to access, delete, and opt-out from sale of a consumer’s information, without imposing restrictions on internal data use.

  • Notable Distinctions: The revenue threshold for determining if an entity is a business covered by the law would be $10 million, instead of $25 million as established in the CCPA. “Consumer” is defined to exclude a person acting in a commercial or employment context.
  • Enforcement: The attorney general would be able to bring a civil action for penalties of up to $7,500 for each violation. The bill does not provide for a private right of action.
  • Proposed Effective Date: July 1, 2020.
  • Legislative Action: The bill is currently in committee with a hearing set for February 4, 2020.



The Illinois Data Transparency and Privacy Act, SB 2330, would implement CCPA-like consumer rights in Illinois, but adds a requirement to conduct Data Protection Assessments for all activities involving the processing of personal information. The legislature also revived last year’s HB 2736 “Right to Know Act” which is modeled on California’s Shine the Light Act, but requires all companies to have a “data protection safety plan.”

  • Notable Distinctions: Opt-out rights extend to “disclosures to third parties and affiliates” and processing of personal information by “the business, third parties, and affiliates,” not just sale. No specific mention is made of targeted advertising, however.
  • Enforcement: The bill would provide a private right of action to consumers whose data is subjected to unauthorized access, but it states explicitly that it does not create a private right of action under any other laws. The attorney general can enforce other violations under the Consumer Fraud and Deceptive Business Practices Act.
  • Proposed Effective Date: July 1, 2021.
  • Legislative Action: The bill has been referred for assignment to committee.


For a twist, a bi-partisan group of legislators in Arizona has announced (by concurrent resolution HCR 2013, prefiled Jan. 10, 2020) that the members “oppose the enactment of laws, the adoption of regulations or the imposition of out-of-state standards that would restrict or otherwise dictate standards related to consumer data privacy, absent a clear nexus with consumer harm” and “believe a single federal standard for comprehensive consumer data privacy regulation is preferable to a state-by-state approach.”


H.899 seeks to regulate the use of facial and voice recognition technology consumer data use by social media platforms. It would also impose requirements on all organizations that collect personal information to disclose the monetary value of consumer data they collect.

The short bill (4 pages) lacks definitions of relevant terms and contains few details as to the scope of its restrictions. It was introduced on Jan. 23, 2020 and is currently in committee.

Additional States To Watch from 2019

Bills in Minnesota (HF2917) and Massachusetts (S120) had activity that could be revisited this year. Maryland, Rhode Island, and Oregon had bills that stalled out. Connecticut, Texas, Hawaii, and North Dakota decided to study consumer privacy; however, Texas, and North Dakota do not have regular session in 2020.

Putting the Pieces Together

The map shows the comprehensive consumer privacy bills that have been passed in the United States or have been introduced in 2020.

Map of U.S. Privacy Laws Introduced in 2020

[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.

© Davis Wright Tremaine LLP | Attorney Advertising

Written by:

Davis Wright Tremaine LLP

Davis Wright Tremaine LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.