News & Analysis as of

State Privacy Laws Preemption

Miles & Stockbridge P.C.

What Businesses Need to Know About Md.’s New Online Data Privacy Act

Maryland will soon have some of the strictest data protection and privacy requirements in the nation after the Maryland Online Data Privacy Act of 2024 (MODPA) was signed into law by Gov. Wes Moore last week....more

Jones Day

Here We Go Again: U.S. Congress Reintroduces New Comprehensive Federal Privacy Law

Jones Day on

With the bipartisan, bicameral proposed American Privacy Rights Act of 2024, the U.S. Congress seeks to adopt the first national personal data privacy and security law that would preempt comprehensive state privacy laws....more

WilmerHale

New Federal Privacy Bill Draft Hits Congress

WilmerHale on

On April 7, Representative Cathy McMorris Rodgers (R-Wash.), Chair of the U.S. House Committee on Energy and Commerce Chair, and Senator Maria Cantwell (D-Wash.), Chair of the Senate Committee on Commerce, Science and...more

McDermott Will & Emery

A Federal Privacy Law or a False Hope? Making Sense of the American Privacy Rights Act of 2024 Draft

McDermott Will & Emery on

On April 7, 2024, Rep. Cathy McMorris Rodgers (R-WA), the chair of the US House Committee on Energy and Commerce, and Sen. Maria Cantwell (D-WA), the chair of the US Senate Committee on Commerce, Science, and Transportation,...more

Mintz - Privacy & Cybersecurity Viewpoints

American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that....more

Farella Braun + Martel LLP

Federal APRA Faces Uphill Battle

Considering the polarized nature of today's Congress, businesses' antipathy for a broad private right of action, and the states' strong interest in avoiding preemption, it seems unlikely the American Privacy Rights Act will...more

Fox Rothschild LLP

Comprehensive Federal Privacy Bill May Open Backdoor for HIPAA Private Right of Action

Fox Rothschild LLP on

The American Privacy Rights Act of 2024 (APRA), a bipartisan and “historic” comprehensive data privacy bill unveiled April 8, 2024, would preempt state data privacy laws and be enforced by the Federal Trade Commission,...more

Benesch

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

Benesch on

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

BakerHostetler

Tribal Privacy Codes: Establishing Self-Governance in the Post-Internet Age

BakerHostetler on

Recent trends in privacy legislation, including the passage of California Consumer Privacy Act, more commonly referred to as the CCPA, as well as copycat laws in at least nine other states, make clear the intention of state...more

WilmerHale

Amidst Flurry of State Proposals, Congress Holds Hearing on ADPPA

WilmerHale on

On March 1st, the Innovation, Data, & Commerce Subcommittee of the House Energy and Commerce Committee subcommittee held a hearing titled “Promoting U.S. Innovation & Individual Liberty through a National Standard for Data...more

Holland & Knight LLP

Colorado Releases Proposed Privacy Rules, Further Complicating National Compliance Landscape

Holland & Knight LLP on

The Colorado Department of Law filed a set of proposed rules to implement the Colorado Privacy Act (Draft CO Rules) on Sept. 29, 2022, foreshadowing additional compliance obligations that businesses will have to strive to...more

Bass, Berry & Sims PLC

American Data Privacy and Protection Act – Could a Federal Privacy Law be on the Horizon?

Bass, Berry & Sims PLC on

On June 3, 2022, a bipartisan group of U.S. Representatives released a discussion draft of a comprehensive federal data privacy bill entitled the American Data Privacy and Protection Act (ADPPA). Though bipartisan compromise...more

Fisher Phillips

Bipartisan Push for Federal Privacy Legislation: Will It Work This Time?

Fisher Phillips on

After a stalemate over federal consumer privacy legislation in the past few years, a draft bill was released on June 3 that signals a major step towards bipartisan support for federal consumer privacy legislation. The...more

WilmerHale

Congress Proposes Bipartisan and Bicameral Comprehensive Privacy Legislation

WilmerHale on

Last week, Representatives Frank Pallone (D-NJ) and Cathy McMorris Rodgers (R-WA) and Senator Roger Wicker (R-MS) released a draft federal privacy proposal titled the American Data Privacy and Protection Act (ADPPA). ADPPA is...more

WilmerHale

The Past, Present and Future of US Privacy Law

WilmerHale on

Despite its antecedents in one of the most widely cited law review articles of all time from more than 130 years ago, modern United States privacy law is roughly twenty years old. Even though still in its relative infancy,...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Everyone Agrees – We Need a Comprehensive U.S. Privacy Law

On Wednesday, the Senate Committee on Commerce, Science and Transportation conducted a hearing to revisit the potential for a national data privacy standard. While the Committee had met last December to discuss what Congress...more

Eversheds Sutherland (US) LLP

Implications of US laws on collection, storage, and use of biometric information

The past few years have seen dramatic innovations in biometric technology and an accompanying exponential growth in the size of the biometrics industry, in part due to the spread of Internet of Things (IoT), artificial...more

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