On June 30, 2023, the Delaware general assembly passed the Delaware Personal Data Privacy Act (“DPDPA”), H.B. 154. This bill resembles the comprehensive privacy statutes in Connecticut, Montana, and the recently passed bill in Oregon, though there are some notable distinctions. If signed into law, Delaware will be
Continue Reading Delaware General Assembly Passes Personal Data Privacy Act
Oregon Legislature Passes Consumer Privacy Act
On June 22, 2023, the Oregon state legislature passed the Oregon Consumer Privacy Act, S.B. 619 (the “Act”). This bill resembles the comprehensive privacy statutes in Colorado, Montana, and Connecticut, though there are some notable distinctions. If passed, Oregon will be the twelfth state to implement a comprehensive privacy statute
Continue Reading Oregon Legislature Passes Consumer Privacy ActTexas Passes Data Privacy and Security Act
On May 28, 2023, the Texas legislature passed the Texas Data Privacy and Security Act, making it the sixth state to pass a comprehensive data privacy law this year. The Act shares many similarities with Virginia, although there are some distinctions. If signed into law, the Act would take
Continue Reading Texas Passes Data Privacy and Security ActFTC Announces COPPA Settlement Against Ed Tech Provider Including Strict Data Minimization and Data Retention Requirements
On May 22 the Federal Trade Commission (“FTC”) announced a $6 million settlement with Edmodo, an ed tech provider, for violations of the COPPA Rule and Section 5 of the FTC Act. The FTC described this settlement as the first FTC order that will prohibit an ed tech provider from requiring students to provide more personal data than necessary to participate in online activities. The settlement is consistent with the FTC’s policy statement on ed tech issued last May (see our summary of the policy statement here).Continue Reading FTC Announces COPPA Settlement Against Ed Tech Provider Including Strict Data Minimization and Data Retention Requirements
NYC Artificial Intelligence Rule to Take Effect July 5, 2023: New York City Issues Final Rule Regulating the Use of AI Tools by Employers
The New York City Department of Consumer and Worker Protection (“DCWP”) recently issued a Notice of Adoption of Final Rule (“Final Rule”) relating to the implementation of New York City’s law regulating the use of automated employment decision tools (“AEDT”) by NYC employers and employment agencies.
NYC’s Local Law 144 now takes effect on July 5, 2023. As discussed in our prior post, Local Law 144 prohibits employers and employment agencies from using certain Artificial Intelligence (“AI”) tools in the hiring or promotion process unless the tool has been subject to a bias audit within one year prior to its use, the results of the audit are publicly available, and notice requirements to employees or job candidates are satisfied.
The issuance of DCWP’s Final Rule follows the prior release of two sets of proposed rules in September 2022 and December 2022. The Final Rule’s most significant updates from the December 2022 proposal include an expansion of the definition of AEDTs and modifications to the requirements for bias audits. Key provisions of the Final Rule are summarized below.Continue Reading NYC Artificial Intelligence Rule to Take Effect July 5, 2023: New York City Issues Final Rule Regulating the Use of AI Tools by Employers
Indiana Passes Comprehensive Privacy Statute
On April 11, the Indiana legislature passed comprehensive state privacy legislation in the form of S.B. 5. S.B. 5 shares similarities with the state privacy laws in Virginia, Connecticut, Colorado, Utah, and most recently Iowa. If signed into law, S.B. 5 would take effect on January 1, 2026. This blog post summarizes the statute’s key takeaways.Continue Reading Indiana Passes Comprehensive Privacy Statute
State, Federal, and Global Developments in Children’s Privacy, Q1 2023
This year has been off to a busy start with respect to children’s and minors’ privacy legislation efforts. We wanted to take a moment to recap the latest developments across the board.
The most notable trend of the year thus far has been the widespread introduction of Age Appropriate Design
Continue Reading State, Federal, and Global Developments in Children’s Privacy, Q1 2023Iowa Enacts Comprehensive Consumer Privacy Law
On March 28, Governor Kim Reynolds signed into law SF 262, making Iowa the sixth state to enact a comprehensive consumer privacy law. The new law will take effect on January 1, 2025.
As we discuss here, Iowa’s privacy law shares a number of key similarities to existing
Continue Reading Iowa Enacts Comprehensive Consumer Privacy LawColorado AG Files Final Rules Implementing CPA
On March 15, 2023, the Colorado Attorney General filed final rules implementing the Colorado Privacy Act (“CPA”) with the Secretary of State. The Attorney General first released proposed draft rules on October 10, 2022 and subsequently released revised draft rules on December 21, 2022 and January 27, 2023 after public
Continue Reading Colorado AG Files Final Rules Implementing CPAIowa Passes Comprehensive Privacy Statute
On March 15th, the Iowa legislature passed S.F. 262 (the “ICDPA”), making it the sixth U.S. state to pass a comprehensive state privacy statute. The Iowa statute most closely resembles the Utah Consumer Privacy Act (“UCPA”), though it also shares some similarities with the approaches adopted in Virginia, Colorado, and Connecticut. The statute will next go to the governor’s desk for signature. If signed into law, the ICDPA would take effect on January 1, 2025.Continue Reading Iowa Passes Comprehensive Privacy Statute