On June 2, the Connecticut state legislature passed an amended version of Senate Bill 3 (“SB 3”), a bill containing provisions imposing new requirements related to consumer health data and children’s online protection. The...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
On May 18, the Federal Trade Commission (FTC) issued a policy statement warning about the increased use of consumers’ biometric information and related marketing of technologies that use biometric information. The agency...more
5/23/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
Data Protection ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
FTC Act ,
Policy Statement ,
Protected Class ,
Section 5 ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
On May 4, the Florida House passed an amended version of SB 262, a bill establishing the Florida Digital Bill of Rights. The bill now moves to Governor Ron DeSantis’s desk for signature. ...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 Monday, April 17, the Washington House passed an amended version of the My Health My Data Act (HB 1155) (the “Act”), a bill that would impose sweeping new requirements on the collection, processing, and sale of consumer...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 Colorado Attorney General’s Office announced the finalization of the Colorado Privacy Act Rules (“Rules”). The Rules implement the Colorado Privacy Act (CPA), a comprehensive privacy law enacted in...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
Since our last update, comprehensive privacy law proposals have continued to emerge and progress through state legislatures. Most notably, five bills have now passed a legislative chamber, with Hawaii’s Consumer Data...more
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
In addition to the numerous comprehensive privacy laws that have been proposed in at least 20 states thus far in 2023, legislative trends demonstrate an emerging focus on regulations that address specific types of...more
Since the start of the 2023 legislative session, at least 15 biometric privacy law proposals have emerged across 11 states (including Arizona, Hawaii, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, New York,...more
The past two weeks have seen continued developments in the state comprehensive privacy legislative landscape. Maryland, Minnesota, and Texas have entered the fray with new proposals, bringing the total number of states that...more
2/15/2023
/ Biometric Information ,
Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws
On February 2, 2023, the Illinois Supreme Court held in a unanimous opinion that individuals have five years after an alleged violation to bring claims under the state’s Biometric Information Privacy Act (BIPA). This ruling...more
On February 1, the Colorado Attorney General’s (AG) Office and the Colorado Department of Law (the “Department”) held a rulemaking hearing on the Proposed Draft Rules for the Colorado Privacy Act (CPA), which goes into effect...more
In a press release on January 27, 2023, California Attorney General (“California AG”) Rob Bonta announced an investigative sweep focused on mobile applications’ compliance under the California Consumer Privacy Act (CCPA),...more
2023 continues to be a busy year for state comprehensive privacy legislation. Since our last post, several new states have entered the fray with legislative proposals, while some of the bills we previously examined have moved...more
The new year has already seen a flurry of state privacy law activity, with legislators in at least nine states (Indiana, Iowa, Kentucky, Massachusetts, Mississippi, New York, Oklahoma, Oregon, and Tennessee) proposing new...more
On September 30, the Colorado Attorney General’s Office (“Colorado AG’s Office”) released proposed rules (the “Proposed Rules”) for the Colorado Privacy Act (CPA), which goes into effect on July 1, 2023. The Proposed Rules...more
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
6/8/2022
/ California Consumer Privacy Act (CCPA) ,
Congressional Committees ,
Consumer Privacy Rights ,
Covered Entities ,
Data Privacy ,
Duty of Loyalty ,
Enforcement ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Preemption ,
Private Right of Action ,
Proposed Legislation ,
Sensitive Personal Information ,
State Privacy Laws