Updates on Developments in Data Privacy and Cybersecurity
On September 28, California’s governor signed a number of bills into law, including to regulate health care facilities’ use of artificial intelligence (“AI”). This included AB 3030, which regulates certain California-licensed health care facilities’ use of AI and SB 1223, which amends the California Consumer Privacy Act (CCPA) to cover “neural data.” We discuss each bill in turn below.
AB 3030Continue Reading California Enacts Health AI Bill and Protections for Neural Data
On May 9, 2024, Maryland Governor Wes Moore signed the Maryland Age-Appropriate Design Code Act (“AADC”) into law. The AADC will go into force on October 1, 2024. This post summarizes the law’s key provisions.Continue Reading Maryland Enacts Age-Appropriate Design Code
On March 26, 2023, Virginia enacted a genetic privacy law (SB 1087) aimed at regulating the practices of direct-to-consumer (“DTC”) genetic testing companies. Virginia is not the only state interested in regulating these companies—numerous other states, including Minnesota, Texas, Tennessee, and Vermont, have introduced similar bills during this legislative session, following the enactment of similar genetic privacy laws in Arizona, California, and Utah in recent years. Virginia’s SB 1087, effective July 1, 2023, adds to the growing net of state genetic privacy protections.Continue Reading Virginia Enacts Direct-to-Consumer Genetic Privacy Law as Numerous Other States Introduce Similar Bills
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”
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
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:
Continue Reading Review of U.S. State Law Developments in 2021
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…
Continue Reading Illinois Enacts Protecting Household Privacy Act
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:
Continue Reading Virginia Consumer Data Protection Work Group Holds Second Meeting, Hears Recommendations from the Office of the Virginia Attorney General
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 first–in-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
