Status: Failed Status: Failed This website uses cookies to analyze traffic and for other purposes. Status: Failed - Adjourned VA HB 473 User must be able to refuse consent, and be able to withdraw consent 4. 01.01.2020 07:00 AM. ALL RIGHTS RESERVED. With this said, your right to privacy is a legal guarantee as long as this freedom does not put the security of the United States in jeopardy. The enactment of privacy laws seeks to ensure a balance between your right to information privacy while online and national security. More than 80% of Americans say they go online on a daily basis, according to the Pew Research Center. (OpEd page, December 1, 2020), the writers, Shailesh Gandhi and Prashant Reddy T., raised a few issues over a recent … Prohibits a person or business that conducts business in this state that operates a social media internet website or application that requires opt-in consent before selling a minor's personal information to obtain consent to sell the minor's personal information in a manner that is separate from the social media internet website's or application's general terms and conditions. LA HB 617 CCPA, which became effective on Jan. 1, 2020, is intended to ensure Californians’ personal data is protected. Status: Failed By Mindi Giftos on February 24, 2020. Status: Pending Creates the Data Broker Registration Act, requires a data broker to annually register with the Secretary of State, defines data broker as a business or unit of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship. Texas – Texas’ new data privacy law has been in effect since January 1, 2020. Relates to telecommunications and data privacy, prohibits the collection of personal information absent a customer's express written approval. Adopts the Nebraska Consumer Data Privacy Act. exempts from the CCPA certain employment information and personal information involved in business-to-business communications and transactions. Status: Failed - Adjourned Table of Contents. Status: Pending VA HB 955 You consent to the use of cookies if you use this website. Federal lawmakers contemplating a federal privacy law are looking at California as a guide, but disagree over whether the federal law would preempt state laws… IL HB 1426 Status: Pending It’s main effects would be to require explicit consent for an organization to either (1) sell geolocation data to a third party without explicit consent or (2) sell "internet browser" information to a third party without explicit consent. While there are variations in state proposals, many of the bills seem to fall into three molds. Status: Failed - Adjourned Status: Pending MD HB 752 Status: Pending Status: Pending Extends exemptions from the Consumer Privacy Act certain information collected by a business about a natural person in the course of that person acting as a job applicant, employee, owner, director, officer, medical staff member, or contractor and personal information reflecting a written or verbal communication or a transaction between a business and a consumer, until a specified date. IL SB 2263 ME LR 2602 CA AB 1281 Amends the Genetic Information Privacy Act, includes direct to consumer commercial genetic testing in the definition of genetic testing. CIPM Certification. Status: Pending Status: Pending Many of the bills are reaching the hearing stage, indicating some legislative interest in them. AB870 would also require disclosure of any use of the consumer's data for automated decisionmaking about the consumer. The state’s most recently passed privacy law addresses advertising to children, inconspicuous privacy policies, and enhancing privacy protections for ebook readers. LA HB 662 IL HB 2871 CA AB 846 Status: Pending In an article in The Hindu, Is a person’s address public information? Status: Failed - Adjourned AZ SB 1614 Prohibits a direct to consumer genetic or illness testing services company from disclosing a person's genetic information to a third party without obtaining the person's prior written consent. Both are pending in the state Senate's Judiciary Committee. Status: Failed - Adjourned Status: Pending NY AB 3739 Status: Pending Status: Pending Officially called AB-375, the act was introduced by Ed Chau, member of the California State Assembly, and State Senator Robert Hertzberg. Since then, six other states have joined the fray, and a second bill was introduced in Illinois. MN HB 1030 In addition, three California bills were enacted, as follows: In addition, if approved by California voters in November, California Proposition 24 would further expand the state’s consumer data privacy laws. Relates to the protection of personal identity. Knowing and understanding these privacy laws is essential in 2020. More state laws are coming: In 2019, bills or draft bills on consumer data privacy were introduced and are pending in at least 18 states and in Puerto Rico. Very few pri… Status: Pending Creates the Consumer Privacy Act, provides that a consumer has the right to request that a business that collects the consumer's personal information disclose to that consumer the categories and specific pieces of personal information the business has collected, requires a business to, at or before the point of collection, inform a consumer as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. 1. Notable Distinctions:The law contains a private right of action for a breach of any data covered by the statute's broad definition of personal information—unlike the CCPA, which limits the private right of action to breaches involving the sensitive data covered by the state's data breach notification law. NY SB 1203 More state laws are coming: In 2019, bills or draft bills on consumer data privacy were introduced and are pending in at least 18 states and in Puerto Rico. Status: Pending MA SB 1936 Status: Pending However, after the creation of a national economy, after the Civil War, made personal protection of privacy … make the Washington State chief privacy officer an elected position, and task the CPO with educating consumers, researching best practices, providing privacy training for state agencies, and consulting with stakeholders. IL SB 3591 Establishes the California Board of Athletic Training within the Department of Consumer Affairs to exercise licensing, regulatory, and disciplinary functions. 2020 Consumer Data Privacy Legislation. Creates the Data Privacy Act, provides for the regulation of the use and sale of data, defines terms, establishes consumer rights to copies of information held by persons who control and process data, provides for the correction of inaccurate data, provides for restrictions on the use of personal data, provides for the enforcement of the Act by the Attorney General, provides civil penalties, preempts home rule. Relates to requiring registration of data brokers and directing the attorney general to maintain a website of such registrations. Definitions. Online 2020. AB-602, passed by the California State Senate on September 12, 2019, will, if approved by the governor, create a private right of action against persons who create or disclose another’s sexually explicit content through use of “deepfake” technology. Status: Pending Requires commercial Internet websites and online services to notify customers of the collection and disclosure of personally identifiable information and allow customers to opt out. Status: Enacted This coul… Status: Failed - Adjourned Concerns the management and oversight of personal data. Status: Pending Creates the Data Transparency and Privacy Act, finds that individuals have a right to privacy and a personal property interest in information pertaining to the individual, provides that an entity that collects through the Internet personal information about individual consumers must make disclosures to the individual regarding the collection of the information, establishes that a consumer has a right to opt out of the sale of the consumer's information, creates certain exemptions. MA HB 349 Prohibits a third party from selling or using personal information about a consumer that has been sold to the third party by a business unless the consumer has received explicit notice, provides express written consent, and is provided an opportunity to exercise the right to opt out, specifies notification requirements for businesses. MN HB 3936 IL HB 5288 Subscribe to U.S. State Law. MD HB 1065 While all eyes are on the state of Washington's proposed privacy act for the final legislative week, consumer privacy rights continue to be a hot topic in a handful of other state legislatures. Increases consumer data transparency. Posted in Privacy, State privacy legislation. Legislation related to data breaches is not included here, and some additional types of privacy laws and legislation are covered separately in other NCSL resources. AB872 would require a lawful basis for processing and does not offer legitimate interest as a potential lawful basis. Modifies requirements for insurers providing privacy policies to customers. NY AB 235 Status: Pending Specifies that the State Consumer Privacy Act does not restrict a business's ability comply with any rules or regulations adopted pursuant to and in furtherance of state or federal laws. … This is a much easier bar to meet than full de-identification. Relates to the online collection of personal information from children and minors. Concerns the Consumer Electronic Voice Recognition Information Act, prohibits operation of voice recognition feature on connected device before informing user of voice recognition feature during initial setup or installation of connected device. WA HB 2046 … The number of consumer data privacy bills increased in 2020 compared to 2019, including comprehensive consumer privacy bills. Changes include: 1. NY SB 5642 In recent years, a number of events have converged to heighten consumer awareness of and concerns about privacy: implementation of the California … WA SB 5376 Requires internet service providers to provide customers with a copy of their privacy policy and to obtain written and explicit permission from a customer prior to sharing, using, selling or providing to a third party any sensitive information of such customer. HI HB 761 Status: Failed--adjourned Approach: HB2572 is a narrow bill seeking to regulate specific harms and would not grant consumers access or deletion rights. Grants consumers the right to request that a business disclose the type of personal information it collects, the purpose for which it is collected, and the categories of third parties with which it is shared, authorizes consumers to opt out of the sale of their personal information, establishes a private right of action and provides for further enforcement by the attorney general. 7700 East First Place For the purposes of this law, the state of California provided definitions for consumers, businesses, third parties, personal information, and many other items. The State Law Tracker provides an overview of key features of recently introduced comprehensive consumer privacy bills in US States. PA HB 1049 (House Bill 2366) True, there isn’t a central federal level privacy law, like the EU’s GDPR.There are instead several vertically-focused federal privacy laws, as well as a new generation of consumer-oriented privacy laws coming from the states. Attorney Advertising. Relates to state Disclosure and Accountability Transparency Act (DATA), establishes certain requirements for disclosure and processing of personally identifiable information, establishes Office of Data Protection and Responsible Use in Division of Consumer Affairs. Status: Pending - Carryover This law applies to state and local government. WV SB 260 MS SB 2548 Oregon – Effective January 1, 2020, the Oregon Consumer Information Protection Act will expand some data breach notification rules to include vendors. Additional Resources. Promotes net neutrality and consumer protection. VT HB 899 Excludes violations of privacy in the first degree and certain violations of privacy in the second degree, from qualifying for deferred acceptance of a guilty plea or nolo contendere plea. NH HB 1236 Status: Failed--adjourned requires data broker registration fees to be used to offset costs for an internet website where the information provided by data brokers is accessible to the public. By Libbie Canter on January 16, 2020 Posted in California Consumer Privacy Act (CCPA), State Legislatures While all eyes are on California following the implementation of the California … Status: Pending Status: Pending Prohibits any person from disclosing health care information or personal information to a person who engages in the business of accessing and compiling information for commercial purposes or whose use of such information will be in connection with the marketing of a product or service without the explicit written authorization of the data subject. NH HB 1466 This bill would require data broker registration fees to be deposited in the Data Brokers' Registry Fund, which the bill would create in the State Treasury, to be available for expenditure by the Department of Justice, upon appropriation by the Legislature, to offset costs for an internet website where the information provided by data brokers is accessible to the public. CA AB 981 Proposed Effective Date: January 1, 2021. Status: Pending Status: Pending CA AB 82 NY SB 1180 Status: Pending Part one provides an … ID HB 492 MD HB 784 AZ HB 2728 Prohibits a person from using a scanning device to scan or swipe an individual's identification card or a driver's license to obtain personal information, prohibits a person from retaining, selling, or transferring any information collected from scanning or swiping an individual's identification card or driver's license, provides that the Act does not prohibit a law enforcement officer from using a scanning device to record, retain, or transmit information if acting within their duties. Status: Failed - Adjourned Status: Failed--adjourned Excluded from the definition of operators are (1) third-parties that host a website on beh… … CA SB 980 Status: Pending Requires certain businesses to notify customers of certain information concerning the collection and sale of personally identifiable information and to allow customers to opt-in to collection and sale. FL HB 963 Additional legislation was introduced in 2020 to address the collection and use of biometric or facial recognition data by commercial entities. Creates the Data Privacy Act, provides only a short title. Status: Failed--adjourned Relates to consumer data privacy, gives various rights to consumers regarding personal data, places obligations on businesses regarding consumer data, provides for enforcement by the attorney general, requires a report. As we testified before the U.S. Senate, we believe the right policy solution is to craft a middle ground where citizen litigation is directed towards the most important violations and subject to fair procedures. Status: Pending NY SB 3147 Concerns consumer privacy, requires businesses to disclose the proposed use of any personal information and to give consumers the right to discover what personal information the business possesses and to opt out of the sale of such information and to create a cause of action and penalties for violations of such requirements. Expresses the sense of the General Assembly that facial recognition technology can present certain risks as well as provide a variety of benefits and that safeguards are necessary to allow the use of the technology in ways that benefit society, establishes certain requirements and certain prohibited actions relating to provision of facial recognition services by certain persons, prohibits certain governmental units from using facial recognition services under certain circumstances. From the proposals introduced so far this year in Washington, Virginia, New Hampshire, Illinois, and Nebraska, it is clear that states will continue to follow last year’s trend of varied approaches to state privacy legislation. CA AB 2280 Requires a processor, as defined, that provides facial recognition services to, among other things, make available an application programming interface or other technical capability, chosen by the processor, to enable controllers or third parties to conduct legitimate, independent, and reasonable tests of those facial recognition services for accuracy and unfair performance differences across distinct subpopulations. NE L 746 CA AB 713 MI HB 4658 It would prohibit businesses’ retention of personal information for longer than reasonably necessary and would triple maximum penalties for violations concerning consumers under age 16. With this said, your right to privacy is a legal guarantee as long as this freedom does not put the security of the United States in jeopardy. Subscribe to U.S. State Law. Status: Pending WV HB 4106 While the most anticipated privacy development of 2020 is, of course, the enactment of the California Consumer Privacy Act (CCPA), similarly proposed laws — many of which have been … Status: Pending Vermont passed a law regulating data brokers in May, and it went into effect in January. A new draft bill, SB 3299, that is a near duplicate of the CCPA was introduced this past month. With deep subject matter expertise, our attorneys handle data security incidents; regulatory issues regarding federal and state privacy laws, such as HIPAA, FERPA, COPPA, GLBA and CCPA; international privacy law compliance, such as GDPR; and data security … NJ SB 1223 Relates to commerce, requires telecommunications service providers to comply with Internet privacy requirements, defines terms and modifying definitions, requires express approval of disclosure of personally identifiable information, increases civil liability threshold. Relates to an act to protect consumer privacy from providers of online content, applications or service. Requires manufacturers of smart speakers to obtain signed written permission from users before storing voice recordings. These state-level regulations often have overlapping or incompatible provisions. Status: Failed - Adjourned Status: Failed - Adjourned Status: Failed Status: Failed - Adjourned MD HB 1656 Changes the law regarding consumer protection and law enforcement by limiting the use of a person's biometric data. Status: Failed - Adjourned Cal. One huge change coming in 2020 is a new data privacy law called the California Consumer Protection Act, or CCPA. Prohibits a person or entity from providing the operation of a voice recognition feature within the state without prominently informing the user during the initial setup or installation of a smart speaker device. CA AB 1665 Establishes certain obligations for users of facial recognition technology, certain rights for individuals whose facial recognition data has been collected, and certain obligations with respect to accountability for public agencies that collect or use facial recognition technology. Amends the General Business Law, restricts the disclosure of personal information by businesses. Status: Pending Relates to prohibiting private entities from using biometric data for any advertising, detailing, marketing, promotion, or any other activity that is intended to be used to influence business volume, sales or market share or to evaluate the effectiveness of marketing practices or marketing personnel. This is the first article in a three-part series examining significant legal developments in the area of biometric privacy from 2019, as well as what lies ahead for companies in 2020. Few bills have been enacted, however, as the Covid-19 pandemic disrupted legislative sessions and dramatically changed priorities. Status: Pending MD SB 957 Requires certain businesses that collect a consumer's personal information to provide certain clear and conspicuous notices to the consumer at or before the point of collection, authorizes a consumer to submit a certain request for information to a certain business that collects the consumer's personal information, requires a certain business to comply with a certain request for information in a certain manner and within 45 days after receiving a verifiable consumer request. Creates privacy standards for electronic health products and services, requires consent to be given for the collection and/or sharing of personal health information or other personal data. Relates to personal data, relates to Virginia Privacy Act, gives consumers the right to access their data and determine if it has been sold to a data broker, requires a controller, defined in the bill as a person that, alone or jointly with others, determines the purposes and means of the processing of personal data, to facilitate requests to exercise consumer rights regarding access, correction, deletion, restriction of processing, data portability, objection, and profiling. Risk. Status: Pending However, there is no federal data privacy law or central data protection authority tasked with ensuring compliance. Relates to consumer data privacy, gives various rights to consumers regarding personal data, places obligations on businesses regarding consumer data, provides for enforcement by the attorney general, requires a report. The California Consumer Privacy Act (CCPA) went into effect when the clock struck midnight on January 1, 2020, bringing about a seismic shift in privacy rules in the United States. ... law enforcement officers across the state as … WI AB 871 IL HB 3130 WA SB 5377 The global standard for the go-to person for privacy laws, regulations and frameworks. Relates to the Biometric Information Privacy Act. In NSW, Victoria and the Australian Capital Territory (ACT) private sector health service providers must comply with both Australian and state or territory privacy laws when handling health information. Status: Failed - Adjourned Status: Failed--adjourned Telecommunications Technology and Regulation, 2019-20 Privacy Legislation Related to Internet Service Providers. IL HB 5374 Requires a licensed athletic trainer to practice only in collaboration with a physician and surgeon. Status: Failed--adjourned The first and only privacy certification for professionals who manage day-to-day operations Status: Failed--adjourned CT SB 134 Approach: HB784/SB957 are copycat CCPA bills that would afford individuals rights of access, deletion, opt-out, and nondiscrimination, with a few modifications from CCPA. Status: Pending Requires consumer reporting agencies to increase protection of consumers' personal information. A 3255, introduced last week, would prohibit entities from collecting and selling "personally identifiable information"—defined broadly along the lines of the CCPA definition of "personal information"—without opt-in consent. Status: Pending MA HB 382 CA AB 1416 Status: Failed--adjourned IL SB 3299 NY AB 5306 Status: Pending - Carryover IL HB 4975 Status: Pending Introduction. Status: Pending Status: Pending Creates the Geolocation Privacy Protection Act, defines geolocation information, location-based application, private entity, and user, provides that a private entity may not collect, use, store, or disclose geolocation information from a location-based application on a user's device unless the private entity first receives the person's affirmative express consent after complying with specified notice requirements, provides exceptions, provides that a violation of the act constitutes an unlawful practice. NJ AB 3255 HI HB 2572 19-11889 (E.D. Above all, privacy and security professionals need to be aware of what is on the horizon within their sphere of applicability. Creates the Right to Know Data Transparency and Privacy Act, provides that an operator of a commercial website or online service that collects personally identifiable information through the Internet about individual customers residing in who use or visit its commercial website or online service shall notify those customers of certain specified information pertaining to its personal information sharing practices, requires an operator to make available certain specified information upon disclosing. Status: Pending Creates the Data Transparency and Privacy Act, provides that any business that processes personal information or deidentified information must, prior to processing, provide notice to the consumer to whom the information refers or belongs of specific information in the service agreement or somewhere readily accessible on the business' website or mobile application, establishes a right to know for consumers and prescribes types of information that they may request of businesses. Customize your own learning and neworking program! Requires that internet service provider requirements keep all customer information confidential unless written consent is provided by the customer. Tel: 202-624-5400 | Fax: 202-737-1069, Research, Editorial, Legal and Committee Staff, E-Learning | Staff Professional Development, Communications, Financial Services and Interstate Commerce, TELECOMMUNICATIONS & INFORMATION TECHNOLOGY, Telecommunications and Information Technology. The bill applies to an “operator,” which is defined as a person who: 1. owns or operates a website or online service for commercial purposes, 2. collects and maintains covered information from consumers who reside in Florida and use or visit the website or online service, and 3. purposefully directs activities toward Florida or a Florida resident. HI SB 1534 MN HB 112 Mactaggart's 2020 state ballot initiative, ... it seems likely that at least one of the above states — and possibly more — will pass a new consumer privacy law in the coming months. It would establish a California Privacy Protection Agency to enforce and implement consumer privacy laws, and impose administrative fines. Contrary to conventional wisdom, the Act was introduced by Ed Chau, of. Sb 260 Status: Pending Relates to consent how their data is protected of March,... Rule making authority, provides a penalty, cyberattacks and unauthorized sharing of personal information been enacted so far year. 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Address public information Related to internet service providers from disclosing customer 's location data to private entities exceptions to deletion. Some legislative interest in them Requires manufacturers of smart speakers to obtain signed written permission from before... New draft bill, SB 3299, that is a near duplicate of the California Board of Athletic within! Basis for processing and does not have a catch-all category for internal uses aligned to state privacy laws 2020.! To state privacy laws 2020 Act to expand protections for the states yet to fall three! Seeks to ensure Californians ’ personal data processed by a controller, provides only a short title data. And understand what that consent means 3 HB 536 Status: Failed -- Collects...