In what may become an annual tradition, Pennsylvania has amended its breach notification law. The new provisions will take effect on September 26, 2024. As a reminder, Pennsylvania changed its law last year to expand the...more
Rhode Island’s new privacy law has now passed into law, adding to the constantly evolving US privacy law patchwork. Rhode Island becomes the 20th state to enact a “comprehensive” privacy law (this one passing by default,...more
As we enter into the heart of the summer there is no time to relax in privacy-land with the next batch of “comprehensive” privacy laws coming into effect on July 1. Namely, those in Texas and Oregon (and Florida if you count...more
Tennessee has joined a handful of other states to provide certain safe harbors in the cybersecurity realm. Unlike others, the law sites beside -but does not modify- the states’ data breach notification law. Also unlike...more
Governor Phil Scott has vetoed the state’s proposed comprehensive privacy law. In rejecting the bill, he stated he was worried it created an “unnecessary and avoidable level of risk.” He had concerns in three areas....more
Privacy professionals know “adaptable” programs are important. But what does that really mean? What does it look like? And how do we create one? We know that with the never-ending list of new laws and modifications to...more
Minnesota’s governor has now signed into law that state’s comprehensive privacy law. For those keeping count – that is number 19 of state “comprehensive” privacy laws, with six in 2024 alone. The Minnesota law will go into...more
6/10/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Popular ,
Privacy Laws ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Sensitive Business Information ,
State Privacy Laws
We’ve cautioned before about the danger of thinking only about US state “comprehensive” laws when looking to legal privacy and data security obligations in the United States. We’ve also mentioned that the US has a patchwork...more
Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a...more
5/30/2024
/ Artificial Intelligence ,
Connected Cars ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
Social Media ,
State and Local Government ,
State Privacy Laws ,
Transportation Industry ,
Web Tracking
Tennessee recently amended its 1984 right of publicity statute with passage of the ELVIS Act. The existing law already protected individuals’ rights in their image and likeness. As amended, the statute will specifically call...more
Maryland’s new comprehensive data privacy law, the Maryland Online Data Privacy Act, was recently signed into law by Governor Moore. This brings the total number of state “comprehensive” privacy laws to 18, five of which have...more
5/21/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
May 1 is a busy privacy day in Utah, with not only updates to the breach notification and social media platforms and minors laws going into effect, but also a new AI law, and one in the vehicle space. This last, the Utah...more
The Utah legislature has been busy, with another law effective May 1. This one is “privacy adjacent” but worth keeping in mind. The law, the Artificial Intelligence Policy Act, was signed into law in March. Among other...more
Nebraska’s governor has now signed into law the state’s “comprehensive” privacy law making it the fourth one this year, and the 17th overall. It will take effect on January 1, 2025 – the same day as Delaware, Iowa, and New...more
4/26/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
New Regulations ,
Opt-Outs ,
Personal Data ,
Personal Information ,
Popular ,
Privacy Laws ,
State Privacy Laws
Utah, among other privacy laws it has enacted or modified recently, has also modified its breach notification law. This follows last year’s changes to the law, which among other things codified the state’s Cyber Center....more
4/22/2024
/ Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Information Security ,
Notification Requirements ,
Privacy Laws ,
Reporting Requirements ,
State Privacy Laws
With the Kentucky governor recently signing into law that state’s privacy law the US now has 16 states with “comprehensive” privacy laws. This newest one will go into effect on January 1, 2026 – the same day as Indiana. It...more
New Hampshire’s governor has signed into law the second state comprehensive privacy law of 2024. The law takes effect on January 1, 2025 – the same day as Iowa and Delaware (with New Jersey going into effect two weeks later)....more
Earlier this month the UK privacy office put a stop to several related entities’ use of facial recognition technologies and fingerprint monitors for their employees. The UK Information Commissioner’s Office found that the...more
Earlier this month, accompanying an update to a rule prohibiting the impersonation of businesses and governments, the FTC sought comments on extending the rule to prohibit impersonation of individuals. The agency indicated...more
This month the EDPB shed light on the question of lead supervisory authorities. The issue arose in response to a question late last month from the French supervisory authority. Some background. As most international...more
The FCC reminded companies this month that calls containing “artificial or prerecorded voices” are regulated by TCPA. And, that the FCC considers AI-generated voices to be just the kind of “artificial” that fall within the...more
2/28/2024
/ Artificial Intelligence ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Scams ,
TCPA ,
Written Consent
As more and more states enact laws that mirror aspects of GDPR, and as companies begin to get used to the EU’s new standard contractual clauses, now may be a good opportunity for a refresh on data sharing agreements. As most...more
The UK Information Commissioner’s Office recently reported that it is continuing its review of website cookie banners. It had expressed concern late last year that these banners were not giving “fair choices” because they did...more
ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
New Jersey’s governor has signed into law the first US state comprehensive privacy law of 2024. It will go into effect January 16, 2025. For those keeping score, that puts New Jersey after Florida, Oregon, Texas (all July 1,...more