As we look ahead at 2022, we here provide a quick wrap-up of key developments for U.S. state privacy laws in the past year:
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State Legislatures
Reminders of Annual CCPA Updates
As the year comes to an end, consider whether your business is required to make an annual privacy policy update and share updated consumer metrics under the CCPA.
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New York Requires Businesses To Notify Employees of Electronic Monitoring
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.
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Virginia Consumer Data Protection Act Work Group Issues Final Report
By Lindsey Tonsager, Libbie Canter & Jayne Ponder on
Posted in Data Privacy, State Legislatures
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.
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Illinois Enacts Protecting Household Privacy Act
On August 27, 2021, Illinois Governor J.B. Pritzker signed into law the Protecting Household Privacy Act (“PHPA”). The law governs how, and under what conditions, Illinois law enforcement agencies may acquire and use data from household electronic devices, commonly referred to as “smart devices” or the “internet of things.” The PHPA will go into effect…
California Governor Signs Legislation to Expand Genetic Privacy Protections After Last Year’s Veto
By Libbie Canter on
Posted in Health Privacy, State Legislatures
On Wednesday, October 6th, Governor Gavin Newsom signed SB 41, the Genetic Information Privacy Act, which expands genetic privacy protections for consumers in California, including those interacting with direct-to-consumer (“DTC”) genetic testing companies. In a recent Inside Privacy blog post, our colleagues discussed SB 41 and the growing patchwork of state genetic privacy laws…
Newly Effective Florida Law Imposing Criminal Sanctions Adds to Developing Nationwide Patchwork of State Genetic Privacy Laws
By Libbie Canter on
Last Friday, October 1, the Protecting DNA Privacy Act (HB 833), a new genetic privacy law, went into effect in the state of Florida establishing four new crimes related to the unlawful use of another person’s DNA. While the criminal penalties in HB 833 are notable, Florida is not alone in its focus on increased genetic privacy protections. A growing number of states, including Utah, Arizona, and California, have begun developing a net of genetic privacy protections to fill gaps in federal and other state legislation, often focused on the privacy practices of direct-to-consumer (“DTC”) genetic testing companies. While some processing of genetic information is covered by federal law, the existing patchwork of federal genetic privacy protections do not clearly cover all forms of genetic testing, including DTC genetic tests.
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Virginia Consumer Data Protection Work Group Holds Second Meeting, Hears Recommendations from the Office of the Virginia Attorney General
Last week, Virginia’s Joint Commission on Technology and Science held its second meeting of the Consumer Data Protection Work Group.
Instead of following a detailed rulemaking process for implementation like that provided for in the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA) is being reviewed over the next few months by a group of state officials, business representatives, and advocates. This group will publish recommendations by November 1, 2021, which the state legislature can consider if it amends the law before the VCDPA goes into effect on January 1, 2023. A stated goal of the group is to align the VCDPA with other privacy laws that states are enacting around the country.
At the meeting, the group heard public comments as well as a presentation by Deputy Attorney General Samuel Towell on behalf of the Office of the Attorney General of Virginia (OAG). The presentation covered issues that the OAG sees with the VCDPA’s implementation and proposed a number of recommendations for the group to consider:
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Proposed Bill Would Expand the Scope of the CMIA
By Olivia Vega & Libbie Canter on
Posted in Health Privacy, State Legislatures
In a new post on the Covington Digital Health blog, our colleagues discuss proposed legislation that would expand the definition of “provider of health care” under California’s Confidentiality of Medical Information Act (“CMIA”).
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California Privacy Protection Agency Holds First Meeting, Preparing for Upcoming Rulemaking
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.
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