The 2024 state legislative season is drawing to a close with several notable developments on the comprehensive privacy law front. Since our last update, the Maryland Online Data Privacy Act and Minnesota Consumer Data Privacy...more
As we move closer to the end of many states’ legislative sessions, a number of comprehensive privacy law proposals continue to work their way through the legislative process. Since our last update, Nebraska became the...more
The opening weeks of spring have seen comprehensive privacy law proposals continue to progress in state legislatures across the country. Since our last update, the Kentucky Consumer Data Protection Act (HB 15) received a...more
As we progress deeper into the 2024 legislative session, developments in the comprehensive privacy law arena have continued apace. In the weeks since our last update, New Hampshire formally joined the ranks of states with...more
In the weeks since our last update, we have seen continued progress in several state legislatures on comprehensive privacy legislation. Most notably, legislative chambers in West Virginia, Kentucky, and Georgia have passed...more
The early weeks of 2024 have seen continued activity on the state comprehensive privacy law front. Since our last update, at least 11 new comprehensive privacy bills have been proposed. In particular, Georgia, Hawaii,...more
2/23/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Privacy ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
State Legislatures ,
State Privacy Laws
On January 9, 2024, the Federal Trade Commission (FTC) issued its first ever prohibition on the use, sale and disclosure of sensitive location data against X- Mode Social and Outlogic (“X-Mode”), a location data broker. Only...more
2/12/2024
/ Data Brokers ,
Data Collection ,
Data Deletion ,
Data Processors ,
Data Retention ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Informed Consent ,
Location Data ,
Location Privacy ,
Sensitive Personal Information
Following a busy 2023 in which seven states enacted comprehensive privacy laws, we entered this year expecting additional activity on this front across state legislatures. The opening weeks of 2024 have not disappointed. Most...more
On January 8, 2024, the New Jersey Assembly and Senate passed Senate Bill 332 (S. 332, or the “Act”), and it was signed into law by Governor Phil Murphy on January 16. This makes New Jersey the first state to enact a...more
1/18/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Data Processors ,
Data Protection ,
Effective Date ,
Enforcement ,
Enforcement Authority ,
Exemptions ,
Governor Murphy ,
Minors ,
New Legislation ,
Opt-Outs ,
Prior Express Consent ,
Privacy Laws ,
Sensitive Personal Information ,
State Attorneys General ,
State Privacy Laws
On January 4, 2023, the New Hampshire House of Representatives passed Senate Bill 255 (the “Act”) with amendments, setting the stage for New Hampshire to become the latest state with a comprehensive privacy law....more
1/10/2024
/ Compliance ,
Consent ,
Covered Entities ,
Data Privacy ,
Effective Date ,
Exemptions ,
Minors ,
Pending Legislation ,
Popular ,
Privacy Laws ,
Sensitive Personal Information ,
State Privacy Laws
On July 14, the California Privacy Protection Agency (CPPA or the “Board”) hosted a meeting to discuss key issues. Notably, the Board’s New CPRA Rules Subcommittee (“the Subcommittee”) previewed three areas of forthcoming...more
8/9/2023
/ Advisory Board ,
Artificial Intelligence ,
Audits ,
Automation Systems ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Machine Learning ,
Personal Data ,
Personal Information ,
Proposed Regulation ,
Risk Assessment
On June 28, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a settlement (resolution agreement and corrective action plan) with iHealth Solutions (also known as Advantum Health)...more
7/21/2023
/ Compliance ,
Corrective Action Plans (CAPs) ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
OCR ,
PHI ,
Policies and Procedures ,
Popular ,
Risk Assessment ,
Risk Management ,
Settlement
On June 30, 2023, the Washington Attorney General (AG) published a series of Frequently Asked Questions (FAQs) related to the My Health My Data Act (MHMDA). As we discussed previously, the MHMDA will impose new requirements...more
As of June 25, 2023, the Oregon House and Senate have signed Senate Bill 619 (the “Act”), which previously passed in the House 54-0. The Act now moves to the Oregon Governor’s desk for signature (and is set to become law as...more
6/27/2023
/ Consumer Privacy Rights ,
Data Controller ,
Data Privacy ,
Data Processors ,
Enforcement ,
Exemptions ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Pending Legislation ,
Sensitive Personal Information ,
State Privacy Laws
On June 5th, the Federal Trade Commission (FTC) announced a settlement with Microsoft over alleged violations of the Children’s Online Privacy Protection Act (COPPA) for its data practices involving its Xbox live product. ...more
6/21/2023
/ Amazon ,
Compliance ,
COPPA ,
Data Collection ,
Data Retention ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Microsoft ,
Minors ,
Parental Consent ,
Personal Information ,
Popular ,
Xbox
As we move into the summer months, state comprehensive privacy law developments continue to steadily emerge. Most notably, in the weeks since our last update, the Texas legislature passed the Texas Data Privacy and Security...more
On May 28, 2023, the Texas legislature reached an agreement (by conference committee) on the Texas Data Privacy and Security Act (the Act), setting the stage for Texas to become the tenth state with a comprehensive privacy...more
The weeks since our last update have seen continued developments in the state comprehensive privacy law arena. Bills passed by the Indiana, Tennessee, and Montana legislatures were officially signed into law by those states’...more
This legislative session has been marked by the continuing growth of the nation’s patchwork of state comprehensive privacy laws, and the weeks since our last update have been no exception. April saw state legislatures in...more
On Friday, April 21, the Montana and Tennessee state legislatures approved comprehensive privacy law proposals. In Montana, the state senate passed an amended version of the Montana Consumer Data Privacy Act (SB 384) in a...more
On Tuesday, April 11, the Indiana House passed Senate Bill No. 5, a comprehensive state privacy law similar to the ones that are already in effect in California, Colorado, Virginia, Utah and Connecticut. This bill previously...more
The past two weeks have seen continued progress on proposed comprehensive privacy legislation across multiple states. Most notably, on March 28, Iowa Governor Kim Reynolds signed SF 262 into law, officially making Iowa the...more
The state comprehensive privacy law legislative process has officially kicked into high gear. Of course, the primary development since our last update is Iowa’s passage of SF 262, which positions Iowa to become the sixth...more
On Wednesday, March 15, the Iowa House passed Senate File 262 (SF 262), a comprehensive state privacy law similar to the ones that are already in effect in five US states. The bill had previously passed the Senate on March 6,...more
On March 9, 2023, the Securities and Exchange Commission (SEC) reached a settlement with Blackbaud – a client relationship management (CRM) service provider for nonprofits – over allegations that Blackbaud (i) made materially...more