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Libbie Canter is a member of the Communications & Media, Data Privacy and Cybersecurity, and Litigation Practice Groups. She represents and advises clients on matters before Congress and various federal agencies, including the Federal Communications Commission and the Federal Trade Commission.  She has advised clients on a broad range of privacy issues, including data security breach matters, online and mobile marketing, and social networking policies for employers.  Her legislative work focuses on the areas of communications and media, privacy law, and cloud computing policy.

Earlier this month the California Privacy Protection Agency (CPPA) held its inaugural public meeting.  The CPPA was created under Proposition 24, the California Privacy Rights Act (CPRA), which was approved by California voters on November 3, 2020.
Continue Reading California Privacy Protection Agency Holds First Meeting, Preparing for Upcoming Rulemaking

Colorado is poised to join the growing number of states enacting a comprehensive privacy law.  On Monday, June 7, both houses of the legislature passed the Colorado Privacy Act.  The bill will now be sent to the Governor for approval. 
Continue Reading Colorado Legislature Passes Comprehensive Consumer Privacy Bill

To add to the growing list of federal privacy frameworks introduced this year, Senator Amy Klobuchar (D-MN) has re-introduced the bipartisan Social Media Privacy Protection and Consumer Rights Act of 2021 (S. 1667).  Senator Klobuchar introduced the bill originally in 2018 and 2019, although it did not advance to committee in either instance.  Senators Kennedy (R-LA), Burr (R-NC), and Manchin (D-WV) have co-sponsored the bill.

Key provisions in this bill include:
Continue Reading New Privacy Bill Provides Opt-Out Rights and New Data Security Requirements

Florida may be next state to join the growing number of states with a consumer privacy law, as both chambers of Florida’s legislature are currently considering comprehensive state privacy legislation.  Both HB 969 and SB 1734 resemble the California Consumer Privacy Act (“CCPA”), though they contain some notable differences.  Florida Governor Ron DeSantis expressed support of these measures, stating that these proposals “finally check these companies’ unfettered ability to profit off our data and ensure the protection of Floridians’ personal and private information.”

Continue Reading Florida Legislature Considering Comprehensive Privacy Law

The five members of the California Privacy Protection Agency (“CPPA”) were announced today.  The members – who were appointed by Governor Newsom, Attorney General Becerra, Senate President pro Tempore Atkins, and Assembly Speaker Rendon – will lead the new agency, which will have rulemaking and enforcement authority under the California Privacy Rights Act (“CPRA”).
Continue Reading Members of the California Privacy Protection Agency Announced

Two recent actions by lawmakers are intended to address certain uses of technology in health. First, two Senators have introduced a bipartisan bill related to the collection and use of identifiable health data from wearable health trackers.  Second, following an appeal from Democratic lawmakers, the Agency for Healthcare Research and Quality (“AHRQ”) plans to review the use of race-based algorithms in medical care.
Continue Reading SMARTWATCH Act and AHRQ’s Inquiry

On March 2, Virginia Governor Ralph Northam signed into law the Virginia Consumer Data Protection Act (VCDPA), becoming the second U.S. state to enact a comprehensive privacy law (Nevada has enacted an online privacy law, albeit with a narrower scope).  As we have previously explained, the VCDPA follows the framework established by the Washington Privacy Act.  We recently compared Virginia’s law against other key state privacy frameworks.
Continue Reading Virginia Enacts Comprehensive Privacy Law

Several states have proposed new privacy bills since their sessions began.  Some of the proposed bills carry over or re-introduce bills drafted in previous legislative sessions, while others are introducing firstin-time omnibus privacy bills.  In the high-level chart below, we compare five of the key state privacy frameworks: the CPRA, VCDPA (which we blogged about here), the NYPA, the general privacy provisions of the Washington Privacy Act, and the newly introduced Washington People’s Privacy Act (HB 1433)

Continue Reading 2021 State Privacy Legislation Roundup: California, Virginia, New York, and Washington