Status: Pending In the fourth and final installment of our series, Brian covers the types of policies and procedures B2B companies should expect to implement in preparation for these emerging privacy laws… Relates to consumer data privacy, prohibits the use of personal data contained in public records for certain marketing, soliciting, and contact without the persons consent, defines terms. Relates to the use of voice recognition features in certain products. Relates to data privacy, requires consent before providers share audio or video data with third parties. Jan 24, 2020 | Julie Brill - Corporate Vice President for Global Privacy and Regulatory Affairs and Chief Privacy … Proposed Effective Date: January 1, 2021. CIPP Certification. Adopts the Nebraska Consumer Data Privacy Act. MO HB 2375 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. IL SB 3414 Collects of personal information by retail establishments for certain purposes. ALL RIGHTS RESERVED. MD HB 752 Part one provides an … Status: Enacted Pohibits a person or business that conducts business in the state, and that operates a social media website or application, from allowing a person under a specified age to create an account with the website or application, unless the website or application obtains the consent of the person's parent or guardian before creating the account using a method that includes reasonable measures to ensure that the person giving their consent is the parent or legal guardian of such person. Status: Pending 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. Attorney Advertising. WA HB 1854 A new state agency and the state’s Department of Justice would share responsibility for overseeing and enforcing state consumer privacy laws. When this article went to press, at least eight states—Connecticut, Hawaii, Massachusetts, Mississippi, ... More state privacy laws are coming. Prohibits a licensee from employing or continuing to employ an alcohol server without a valid alcohol server certification beginning on a specified date. Requires commercial Internet websites and online services to notify consumers of collection and disclosure of personally identifiable information, allows consumers to opt out. Status: Failed - Adjourned Status: Pending CA AB 981 Status: Failed--adjourned ME LR 2878 This coul… 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. RI HB 7778 INITIATIVE STATUTE. Prohibits a public service company and a contractor from sharing, disclosing, or otherwise making accessible to a third party a customer's personal information, subject to a certain exception, prohibits a public service company and a contractor from selling a customer's personal information, requires each public service company and contractor to use reasonable security procedures and practices to protect a customer's personal information from certain unauthorized actions. VT HB 157 Status: Pending And its effects will be felt far beyond the Golden State. CA AB 1138 Status: Failed--adjourned These laws are at the forefront of what most privacy and compliance experts expect will be a new wave of consumer-oriented privacy legislation. Status: Pending Status: Pending WI SB 851 LA HB 662 They also hear more about security breaches, cyberattacks and unauthorized sharing of personal information. SC HB 4812 Security. FL SB 1670 In an article in The Hindu, Is a person’s address public information? AZ HB 2729 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. Instead, most regulation is at the state level, so state attorneys general play a key role in enforcement. Status: Pending Amends the Alcoholic Beverage Control Act. After the CCPA passed in 2018, it was widely criticized by privacy advocates for placing most of the burden on consumers to exercise their rights, without containing strong restrictions on the collection or uses of data. Requires express and affirmative consent prior to collection, storage or transmittal of any personal information obtained from the installation or use of a smart home connected system by certain persons. HI SB 2185 MN HB 1030 Status: Pending States around the country considered privacy laws like California's this year. NY AB 3308 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. Status: Failed--adjourned Officially called AB-375, the act was introduced by Ed Chau, member of the California State Assembly, and State Senator Robert Hertzberg. NY AB 6351 Amends the Citizen Privacy Protection Act, makes a technical change in a section concerning the short title. Status: Pending NJ AB 2188 The Mind Your Business Act , introduced by Sen. Ron Wyden (D-OR) in October 2019, calls for state AGs to be empowered to enforce data privacy … Requires retailers to post warning signs of the tracking of customers through cell phones or other electronic devices, provides for civil penalties. MD HB 1065 The most comprehensive state data privacy legislation, the California Consumer Privacy Act (CCPA), was signed into law on June 28, 2018, and goes into effect on January 1, 2020. CA AB 2261 Very few pri… Approach: S2430 is a CCPA copycat, with a focus on consumers' rights to access, deletion, opt-out of sale, and nondiscrimination. Relates to consumer data privacy, prohibits the use of personal data contained in public records for certain marketing, soliciting, and contact without the persons consent, provides definitions. A new draft bill, SB 3299, that is a near duplicate of the CCPA was introduced this past month. IL SB 2273 Relates to the deletion of consumer personal data by controllers, provides a penalty. Status: Failed WA SB 6281 IL HB 3358 Creates the Protecting Household Privacy Act, provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private party or other third party, provides exceptions, provides that if a law enforcement agency obtains household electronic data under the act, the agency shall destroy all information obtained. 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. By Mindi Giftos on February 24, 2020. 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. Amends the Personal Information Protection Act, creates an intellectual property right in persons for the continued use of the individual's personal information when there is a failure to cure a violation within thirty days or when a person's personal information cannot be certified to be fully retrieved from an entity engaging in an unauthorized acquisition or those to whom the individual's data was further conveyed. IL HB 5603 Status: Pending NJ SB 1223 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. Changes include: 1. In addition to outlining the status of the bill, the Tracker highlights how each State bill accommodates various consumer rights and imposes certain business obligations. Status: Failed - Adjourned As the Washington Attorney General’s office testified last week, empowering consumers to defend their legal rights in court is a crucial component of a working state privacy law. Concerns the management and oversight of personal data. Requires a business to disclose the categories and specific pieces of identifying information collected about a consumer upon verifiable request from the consumer, discloses the identity of third parties to which the business has sold or transferred identifying information about a consumer upon verifiable request from the consumer. Currently, 25 U.S. States have their own data privacy laws governing the collection, storage, and use of data collected from their residents. NH HB 1466 Status: Pending MA HB 243 NY SB 1203 NY AB 5306 Status: Pending MN SB 2912 Status: Pending Establishes the biometric privacy act, requires private entities in possession of biometric identifiers or biometric information to develop a written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within three years of the individual's last interaction with the private entity, whichever occurs first. This handy guide summarizes key components of state data privacy laws that have been proposed and enacted across the United States, presenting the information in an easy-to-read chart format, as well as providing an ... (CCPA). Amends the General Business Law, restricts the disclosure of personal information by businesses. As noted above, very few consumer data privacy bills have been enacted so far this year. 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. Status: Pending This website uses cookies to analyze traffic and for other purposes. Status: Pending Status: Pending 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. NH HB 1417 Bills were considered in at least 30 states and Puerto Rico in 2020. Relates to consumer access to personal data processed by a controller, provides a penalty. Relates to the Biometric Information Privacy Act. CA SB 980 Status: Pending NY SB 2500 MD SB 476 MN SB 433 One huge change coming in 2020 is a new data privacy law called the California Consumer Protection Act, or CCPA. Increases consumer data transparency. PR SB 1231 ©1996-2020 Davis Wright Tremaine LLP. The bill was passed by the California State Legislature and signed into law by Jerry Brown, Governor of California, on June 28, 2018, to amend Part 4 of Division 3 of the California Civil Code. July 1, 2020, will have their DT instructor certification go inactive on July 1, 2020, and will be subject to the requirements of Rule 11B-20.0017(7)(c), F.A.C. Status: Failed--adjourned Relates to data privacy, requires controllers to provide, correct, or restrict processing of personal data upon a consumer's request, requires controllers to provide a privacy notice and document risk assessment, provides for liability and civil penalties, provides the attorney general with enforcement authority. WA HB 2046 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. Some of these apply only to governmental entities, some apply only to private entities, and some apply to both. Although state legislatures have addressed privacy issues in various sectors for many years, 2019 saw more states introduce comprehensive privacy legislation (such as CCPA) than in previous years, in addition to other types of legislation aimed at protecting consumer privacy online. This bill would define " personal health record information" for purposes of the act to mean individually identifiable information, in electronic or physical form, about an individual' s mental or physical condition that is collected by an FDA-approved a commercial internet website, online service, or product that is used by an individual at the direction of a provider of health care with the primary purpose of collecting and that collects the individual' s individually identifiable personal health record information through a direct measurement of an individual' s mental or physical condition or through user input regarding an individual' s mental or physical condition. IL HB 3357 Polling a room of approximately 200 privacy professionals in September 2019, just three months before the law went into effect, just two percent were comfortable in saying that they were fully prepared. NY AB 235 IL HB 5288 NY SB 4411 Requires manufacturers of smart speakers to obtain signed written permission from users before storing voice recordings. NY AB 8526 Status: Failed--adjourned 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. ... On December 10, 2020, ... for the fourth consecutive year has been ranked by Computerworld magazine in a survey of more than 4,000 corporate privacy leaders as the top law firm globally for privacy … Establishes an exemption to the prohibition against scanning, recording, retaining, or storing information collected from drivers' licenses. Scheduled to take effect in 2020, NY SB 1464 OBLIGATIONS ON COMPANIES. Status: Failed--adjourned Status: Failed--adjourned AB870 would require that where a controller collects information from a source other than the consumer, that they inform the consumer of such collection within a month and state the source of the data. NY SB 6848 A YES vote on this measure means: Existing consumer data privacy laws and rights would be expanded. Relates to an act to expand protections for the privacy of online consumer information. Status: Failed--adjourned IL HB 2785 Status: Pending Creates the Consumer Privacy Protection Act, requires businesses that collect, maintain or sell personal information to notify consumers and disclose the information and the businesses' use of the information, provides that consumers may opt out and have personal information deleted. Status: Failed MA HB 382 Introduction. The WPA and other Washington State privacy legislation in the works look to provide even more enhanced protections for state residents as the federal As the 2020 legislative session begins, Washington State looks like Ground Zero for privacy bills. Minnesota Regulates the collection, disclosure and dissemination of personal information acquired by a provider of on line computer services in order to ensure the privacy of subscriber information and wage patterns. The global standard for the go-to person for privacy laws, regulations and frameworks. Getty Images. MN HB 112 … Status: Pending Relates to consumer data privacy, gives various rights to consumers regarding personal data, places data transparency obligations on businesses, creates a private right of action, provides for enforcement by the Attorney General. As 2020 draws closer, many states are poised to consider their own consumer privacy laws. NY SB 2323 The CCPA will impose certain duties on entities or persons that collect information ab… Promotes net neutrality and consumer protection. 19-11889 (E.D. NY AB 2775 Status: Pending NY AB 3818 ... law enforcement officers across the state as … Subscribe to U.S. State Law. Status: Failed--adjourned 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. Status: Failed - Adjourned Washington, D.C. 20001 Establishes criminal penalties for failure to protect another person's personal information. The state’s most recently passed privacy law addresses advertising to children, inconspicuous privacy policies, and enhancing privacy protections for ebook readers. Approach: HF 3096 is substantively the same as the CCPA, though rewritten to be more concise. Status: Pending 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. Requires that internet service provider requirements keep all customer information confidential unless written consent is provided by the customer. … Status: Pending Tel: 303-364-7700 | Fax: 303-364-7800, 444 North Capitol Street, N.W., Suite 515 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. 01.01.2020 07:00 AM. Status: Pending Status: Failed--adjourned NY SB 5642 For exam… Provides relative to the protection of personally identifiable information. MA HB 350 Prohibits internet service providers from disclosing personally identifiable information where a consumer requests that his or her information not be disseminated, defines terms, makes exceptions, imposes a civil penalty. NY SB 3147 For the most part, the draft state bills continue to follow the CCPA model, though in many cases, important exemptions or details in the CCPA that were intended to make it workable are not included. Status: Enacted Status: Pending One huge change coming in 2020 is a new data privacy law called the California Consumer Protection Act, or CCPA. CA AB 3212 MA HB 1403 Vermont passed a law regulating data brokers in May, and it went into effect in January. IL HB 2736 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. MD HB 249 MN HB 2975 ME LR 2602 Requires consumer reporting agencies to increase protection of consumers' personal information. IL SB 413 Status: Pending NH HB 1236 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. Amends the Citizen Privacy Protection Act, makes a technical change in a section concerning the short title. Provides relative to the protection of personally identifiable information. CA AB 2280 11 new state privacy and security laws explained: Is your business ready? AZ HCR 2013 And its effects will be felt far beyond the Golden State. Status: Pending Relates to requiring registration of data brokers and directing the attorney general to maintain a website of such registrations. Enacts the Biometric Data Privacy Act, provides certain requirements for a business that collects a consumer's biometric information, allows the consumer to request that a business delete the collected biometric information and to prohibit the sale of biometric information, establishes certain standards of care for a business that collects biometric information, establishes a procedure for a consumer to opt out of the sale of biometric information. 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. IL SB 3591 Under that law, a consumer can bring an action to recover for injury or loss, Md. Status: Pending 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: Pending Relates to the collection, use, disclosure or dissemination of personal information from customers of telecommunications or internet service providers. HI SB 1534 Prohibits a person from practicing as an athletic trainer or using certain titles or terms without being licensed by the board. MD HB 1578 NY SB 2398 HI SB 418 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 a certain time, establishes the Consumer Privacy Fund. The initiative would create an independent agency focused just on the privacy law, ... and then you’re going to have potentially other state laws. The number of consumer data privacy bills increased in 2020 compared to 2019, including comprehensive consumer privacy bills. IL HB 1426 MN HB 3936 As noted above, very few consumer data privacy bills have been enacted so far this year. Relates to the online privacy of minors. Bans the sale of employment data reports without written consumer consent, provides such employment data reports shall include, but not be limited to, payroll and earnings information, hours worked, consumer history and health insurance information. Requires commercial Internet website and online service operators to conspicuously post their privacy policy. Relates to establishing the online consumer protection act, defines terms, provides that an advertising network shall post clear and conspicuous notice on the home page of its own website about its privacy policy and its data collection and use practices related to its advertising delivery activities, makes related provisions. In recent years, a number of events have converged to heighten consumer awareness of and concerns about privacy: implementation of the California Consumer Privacy Act of 2018 (CCPA), Europe’s General Data Protection Regulation (GDPR) and continuing security breaches of all types, as well as Americans' increasing use of the Internet for many different types of activities. IL SB 2149 Status: Pending 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. Eliminates a consumer's right to request a business to delete or not sell the consumer's personal information under the Consumer Privacy Act, if it is necessary to retain or share the consumer's personal information to complete an insurance transaction requested by the consumer. Status: Pending Requires commercial Internet websites and online services to notify customers of collection and disclosure of personally identifiable information and allows customers to opt out. Status: Pending Mich. January 16, 2020), has important implications for the extraterritorial application of state privacy laws and more generally signifies that compliance with these laws cannot always be achieved by simply looking to the residency of data subjects. Status: Pending The law is effective as of March 21, 2020. Prohibits a business or other person from reidentifying information that was deidentified, unless a specified exception is met. Oregon (SB 684) – Effective January 1, 2020, the Oregon Consumer Information Protection Act will expand some data breach notification rules to include vendors. Status: Pending Yes/No Statement. The first and only privacy certification for professionals who manage day-to-day operations Creates a consumer data bill of rights. NJ AB 1181 Approach: SB134is a CCPA copycat, with a focus on consumer rights to access, deletion, opt-out of sale, and nondiscrimination. Status: Failed--adjourned Cal. NY AB 8113 Relates to consumer data privacy. GDPR complianceis forcing global adjustments in data management – both in the EU, and around the world. 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. (House Bill 2366) Of those, 28% go online almost constantly and 45% go online several times a day. Status: Pending Subscribe to U.S. State Law. This is a much easier bar to meet than full de-identification. Prohibits businesses from using, disclosing, or retaining biometric information about an individual. Oregon – Effective January 1, 2020, the Oregon Consumer Information Protection Act will expand some data breach notification rules to include vendors. Status: Failed - Adjourned Status: Pending Status: Pending 2020-173 March 2020 Page i SUMMARY SUMMARY OF REPORT ON FINANCIAL STATEMENTS Our audit disclosed that the basic financial statements of Florida Atlantic University (a component unit of the State … Status: Failed--adjourned Enacts the NY Privacy Act to require companies to disclose their methods of deidentifying personal information, to place special safeguards around data sharing, and to allow consumers to obtain the names of all entities with whom their information is shared, creates a special account to fund a new Office of Privacy and Data Protection. 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. Relates to scanning information from driver's license, allows a merchant to scan the machine readable zone of an individual's Department of Motor Vehicles issued identification card or driver's license in order to verify authenticity of such or to verify the identity of the individual when the individual requests a service pursuant to a membership or a service agreement, allows the merchant to conduct such a scan for identity verification. Status: Pending MD SB 957 Status: Pending ... published by Termageddon, breaks down the recent amendments to the Nevada state privacy law… These state-level regulations often have overlapping or incompatible provisions. 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. Bans the sale of employment data reports without written consumer consent, provides such employment data reports shall include, but not be limited to, payroll and earnings information, hours worked, consumer history and health insurance information. The bill would also create rights of access and deletion. 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. Status: Failed--adjourned 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. The General business law, a consumer can bring an action to increase protection personally... Business-To-Business communications and transactions go-to person for privacy laws HB 2728 Status: Pending Regulates advertising the... Wave state privacy laws 2020 consumer-oriented privacy legislation Related to internet service provider member of bills! Hb 1503 Status: Pending Relates to the use of voice recognition on... 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