On September 16, the Fifth Circuit issued its decision in NetChoice L.L.C. v. Paxton, upholding Texas HB 20, a law that limits the ability of large social media platforms to moderate content and imposes various disclosure and appeal requirements on them.  The Fifth Circuit vacated the district court’s preliminary injunction, which previously blocked the Texas Attorney General from enforcing the law.  NetChoice is likely to ask the U.S. Supreme Court to review the Fifth Circuit’s decision.

Continue Reading Fifth Circuit Upholds Texas Law Restricting Online “Censorship”

Today, the California Attorney General announced the first settlement agreement under the California Consumer Privacy Act (“CCPA”).  The Attorney General alleged that online retailer Sephora, Inc. failed to disclose to consumers that it was selling their information and failed to process user requests to opt out of sale via user-enabled global privacy controls.  The Attorney General also alleged that Sephora did not cure these violations within the cure period. 

Continue Reading California Attorney General Announces First CCPA Settlement

The Connecticut legislature passed Connecticut SB 6 on April 28, 2022.  If signed by the governor, the bill would take effect on July 1, 2023, though the task force created by the bill will be required to begin work sooner.

The bill closely resembles the Colorado Privacy Act, with a few notable additions.  Like the Colorado Privacy Act, the bill adopts “controller” and “processor” terminology, provides consumers with rights to access, correct, delete, obtain a copy, and opt-out of certain types of processing of their personal data, and requires consent for certain activities.
Continue Reading Connecticut Legislature Passes Comprehensive Privacy Bill

On April 12, at the International Association of Privacy Professionals’ global privacy conference, Colorado Attorney General Phil Weiser gave remarks on his office’s approach to the rulemaking and enforcement of the Colorado Privacy Act.
Continue Reading Colorado Attorney General Remarks on CPA Rulemaking

Utah appears poised to be the next state with a comprehensive privacy law on its books, following California, Virginia, and Colorado.  On March 2nd, the Utah House of Representatives voted unanimously to approve an amended version of the legislative proposal, and the Senate concurred with the House amendment on the following day.  Formalities are now being completed to send the bill to Governor Spencer Cox for signature.

The Utah Consumer Privacy Act (“UCPA”) provides for consumer rights and responsibilities for controllers and processors.  Although the bill generally tracks the comprehensive privacy law passed in Virginia last year, the VCDPA, there are some notable differences.  Key provisions in the bill include the following:
Continue Reading Utah Legislature Passes Comprehensive Privacy Bill

A new year means new state privacy bills introduced in states across the country.  With two additional states joining California last year with the passage of the Virginia Consumer Data Protection Act and the Colorado Privacy Act, it is likely that more states will join the fray this year in creating a patchwork of comprehensive privacy laws in the United States.

While some states will have these bills under consideration well into the fall, the vast majority of state legislatures will adjourn by early June and thirteen will adjourn before the start of April.

During this early year sprint, there are five general trends that observers will want to keep an eye on in state legislatures.
Continue Reading State Legislative Trends to Watch in 2022

On November 8, 2021, New York Governor Kathy Hochul signed a new electronic monitoring law (S2628) requiring New York businesses that monitor or intercept employees’ e-mails, telephone calls, or internet usage to notify employees in writing of these practices.  The new law amends the state’s civil rights law and takes effect on May 7, 2022.
Continue Reading New York Requires Businesses To Notify Employees of Electronic Monitoring

The Virginia Consumer Data Protection Act (“VCDPA”) Work Group has issued its 2021 Final Report. The final report, which is based on the six Work Group meetings between June and October 2021, summarizes information presented at the meetings on topics such as enforcement, definitions and rulemaking authority, as well as consumer rights and education.  We summarize some of the comments below.
Continue Reading Virginia Consumer Data Protection Act Work Group Issues Final Report