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  • States (Besides California) to Watch for Digital Privacy Reform
  • States with Pending Legislation
  • States with No Active Bills, Task Force Substituted
  • States with No Active Bills and No Task Force

Digital Privacy Reform – Looking Beyond California 

The California Consumer Privacy Act (CCPA) certainly proved to be a game changer in the digital space. Taking effect at the beginning of last year, California’s stringent digital privacy laws have affected businesses all over the country since enforcement began on July 1, 2020. 

Since then, California voters approved a ballot measure, Proposition 24, known as the California Privacy Rights Act of 2020 (CPRA), also known as the CCPA 2.0. The CPRA will amend certain provisions of the 2018 CCPA such as:

  • The extension of the HR and B2B exemptions through Jan. 1, 2023.
  • A new, stand-alone privacy agency tasked with issuing regulations and administrative enforcement of the law.
  • Significant amendments implicating AdTech and cookies compliance (including a new definition of “sharing” in the context of “cross-context behavioral advertising”).
  • Limitations on and disclosure requirements relating to businesses’ retention of personal information.
  • New limitations on purposes of processing to those that are “necessary and proportionate.” 

So the big question is, what’s next? 

Can regional businesses in other states relax and continue dealing in consumer personal information without restriction? We don’t recommend it. California was first. But other states have already made efforts towards their own version of digital privacy laws. 

Here’s the rundown…

States (Besides California) to Watch for Digital Privacy Reform 

  • Nevada: In Nevada, the SB220 protects consumers’ ability to opt-out of data collection and sharing, including financial penalties for companies that fail to comply (effective October 1st, 2019) 
  • Maine: Maine’s Act to Protect the Privacy of Online Consumer Information went into effect July 2020 and includes: Right to restriction of processing, transparency requirements, non-discrimination, and the right to opt-out of sale of personal data.
  • New York: Although protections are not yet adopted, one bill (the New York Privacy Act (NYPA) which overlaps the Right to Know Act) currently includes twelve of the fifteen protections. 
  • Vermont: New digital privacy laws went into effect on January 1st, 2020, requiring data brokers to register annually with the Attorney General’s office 
  • Virginia: Following in the footsteps of CA, the Virginia Privacy Act gives consumers the right to access their data and determine if it has been sold to a data broker.

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States with Pending Legislation

  • Arizona: Action on the AZ bill is currently pending, but will include protections on the right of access and information, right of rectification, right of deletion as well as purpose & processing limitations. 
  • Florida: Legislation pending regarding consumer data privacy and ability to opt-out of sharing of personal information. 
  • Illinois: Legislation pending regarding data transparency, biometrics and genetic information, consumers’ Right to Know, and creating a data broker registration list. Multiple bills are active, including one that covers ten of the fifteen protections. 
  • Maryland: Maryland’s online Consumer Protection Act would include many of the same protections as the new California law, though the details of the bill may evolve through the legislative process.
  • Minnesota: Legislation pending regarding consumer data privacy, controller responsibilities, consumer rights, enforcement ability by the AG and adds civil penalties and liabilities. If enacted, the bills would provide more robust protections than the CCPA. 
  • Nebraska: Nebraska’s bill, LB746 would include right of access and information, right of deletion, right to opt-out of sale of personal information, age-based opt-in, transparency requirements, and non-discrimination. 
  • New Hampshire: Pending legislation regarding business usage of biometric information from consumers.
  • Oklahoma: A limited-scope measure in the Oklahoma legislature would only limit the ability of email providers like Microsoft or Google from obtaining users’ information via their emails.
  • Pennsylvania: Pennsylvania’s bill HB1049 is pending legislation regarding consumer data privacy.
  • Rhode Island: Pending legislation regarding Consumer Privacy Protection Act, biometric information, Special Legislative Commission, and responsibilities of device manufacturers. 
  • South Carolina: Pending legislation regarding Cellular Data Protection Privacy Act and state-contracted telecom usage of consumer personal data provides broad protections. If approved, it would apply only to biometric information, such as fingerprints, ris scans, and DNA.
  • Virginia: The Virginia Privacy Act, if approved, would be among the most expansive in the South including nine of the fifteen protections and requirements.
  • Wisconsin: Three bills make up the Wisconsin Data Privacy Act (non adopted yet), each covering a different area of privacy and protection.

States with No Active Bills, Task Force Substituted

The following six states have no active bills but have launched data privacy task forces to study the matter in detail. 

  • Connecticut
  • Hawaii
  • Louisiana
  • Massachusetts
  • North Dakota
  • Texas

States with No Active Bills and No Task Force

The following twenty-six states have no active bills and also have not launched data privacy task forces to study the matter in detail. 

  • Alabama
  • Alaska
  • Arkansas
  • Colorado
  • Delaware
  • Georgia
  • Idaho
  • Indiana
  • Iowa
  • Kansas, 
  • Kentucky
  • Michigan
  • Mississippi
  • Missouri
  • Montana
  • New Jersey
  • New Mexico
  • Ohio, Oregon
  • South Dakota
  • Tennessee
  • Utah
  • Vermont
  • Washington, 
  • West Virginia
  • Wyoming

The possibility of a US federal privacy law is still under consideration. And even if just a few of the states with pending data privacy legislation pass new laws, the amount of jumping through hoops for US businesses will increase. 

Privacy Regulation

Privacy regulation is coming for everyone. Whether it’s on a state-by-state basis, or ideally, at the national level, businesses in every state need to pay attention to what is happening in California with the CCPA and start making policy and technical changes now, while there is still time to do it at your pace. 

https://www.security.org/resources/digital-privacy-legislation-by-state/

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