The enforcement division of the California Privacy Protection Agency (CPPA) recently announced it intends to review the privacy practices of connected vehicles. The driving force behind the review is the technologies in...more
Iowa recently became the fifth state to offer businesses a safe harbor if they have a written cybersecurity program. Others are Connecticut (October 1, 2021), Ohio (effective November 2, 2018), Oregon (effective January 1,...more
As more and more states are enacting privacy laws, organizations in the health care industry may be wondering what the impact these laws will have on them. At this point, there are privacy laws in 12 states, with one more...more
Oregon’s governor has now signed into law the state’s comprehensive privacy law. Meaning, there are now 12 states with these laws, six of which were passed just this year (others passed in 2023 were Iowa, Indiana, Tennessee,...more
7/24/2023
/ Consumer Privacy Rights ,
Covered Entities ,
Data Protection Acts ,
Enforcement Actions ,
Financial Institutions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
New Legislation ,
Oregon ,
Personal Data ,
Personal Information ,
State and Local Government ,
State Privacy Laws
A California court recently issued a ruling delaying the CPPA’s ability to enforce the most recent CCPA regulations until March 29, 2024. This does not delay enforcement of the CCPA statute or existing regulations....more
When thinking about privacy notice obligations, companies often -incorrectly- leap to the wording in their privacy policies. The new comprehensive state privacy laws are a reminder that notice obligations are a bit broader...more
7/7/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
With a little less than a week before the next US state “comprehensive” privacy laws (Colorado and Connecticut) go into effect, many are reviewing existing practices. One that keeps coming up is the concept of “profiling.” As...more
6/27/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Texas has now become the 11th state, following Florida, to have a “comprehensive” privacy law. HB 4 was signed by the governor on June 18, 2023. This caps off a busy spring for state lawmakers not only in Texas, but Florida,...more
6/20/2023
/ Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Privacy Acts ,
Privacy Laws ,
Sensitive Personal Information ,
State and Local Government ,
State Privacy Laws ,
Texas
Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy...more
6/13/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Florida ,
Governor DeSantis ,
Online Safety for Children ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Right-To-Access ,
Social Media ,
State Privacy Laws
The US has what appears to be a never-ending list of comprehensive privacy laws, but do they all apply to your organization? Not necessarily.
Let’s recap. Since we last wrote at the beginning of the month about preparing...more
Montana now joins a growing list of states to have a comprehensive privacy law. The law was signed by the governor on May 19, 2023 and will go into effect October 24, 2024. This is before some Iowa (effective January 1, 2025)...more
EyeMed recently entered into a settlement with the Attorneys General of Oregon, New Jersey, Florida and Pennsylvania around a 2020 breach of an EyeMed email account that contained the data of more than 2 million individuals....more
5/18/2023
/ California ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Florida ,
New Jersey ,
Oregon ,
Pennsylvania ,
Privacy Laws ,
Settlement ,
State Privacy Laws
The Tennessee governor has signed Tennessee’s comprehensive privacy law, which as we have indicated will go into effect July 1, 2025. As initially proposed, the law would have been effective July 1, 2024, and would have...more
5/16/2023
/ Carve Out Provisions ,
Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
NIST ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Tennessee
With January well in the rear view mirror, companies are setting their privacy compliance sights on the next two laws to come into effect on July 1, 2023: Colorado and Connecticut. Knowing, of course, that Utah (December 31,...more
5/11/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Indiana has now become the seventh US state to enact a comprehensive privacy law after Senate Bill 5 (“SB5”) was signed by the governor on May 1, 2023. The new law will go into effect January 1, 2026, and is almost identical...more
Utah’s breach notification requirements will change on May 3, 2023. The recently amended data breach notification law now requires companies to notify the Attorney General for a breach involving 500 or more state residents....more
The Utah legislature recently passed SB 152 and HB 311. While these two bills will primarily impact those who are “social media” entities under the law, they may have broader impact when the majority of their requirements...more
Companies who participate in the AdTech and digital advertising eco-system are very familiar with the Interactive Advertising Bureau and its form advertiser agreements. Those agreements can help streamline negotiations,...more
The talk of “opt-out preference signals” or global privacy controls (GPC) has been increasing as companies dig into the forthcoming requirements under US “comprehensive” privacy laws. What is an opt-out preference signal? An...more
10/25/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Connecticut ,
Data Privacy ,
Do Not Sell ,
Opt-Outs ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
With 2023 quickly approaching, many are spending this final quarter preparing for the five US state “comprehensive” privacy laws. Some of these contemplate clarifying regulations with technical and operational requirements....more
The California governor recently signed into law the California Age-Appropriate Design Code Act, which will go into effect July 1, 2024. The law applies to “businesses” (as defined by CCPA) that provide online services or...more
With six months before the first of the new US state general privacy laws go into effect, there are several steps companies can take now to begin to prepare. Unfortunately there are some parts of compliance that will be...more
Connecticut just joined California, Colorado, Utah, and Virginia in passing a comprehensive privacy law. The Connecticut Data Privacy Act (CTDPA) goes into effect July 1, 2023, the same time as Colorado’s very similar law...more
5/12/2022
/ California ,
Colorado ,
Connecticut ,
Consumer Privacy Rights ,
Corporate Governance ,
Data Privacy ,
Data Security ,
Enforcement ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
The Virginia privacy law going into effect January 2023 received some minor tweaks this month. In particular, provisions around deletion requests. As originally enacted, the Virginia law mirrored similar provisions in...more
Arizona recently amended its breach notice law to change the regulator notification requirements. Starting this summer, depending on the scope of the incident, the Arizona Department of Homeland Security will need to be...more