Business obligations in this law should not prevent businesses from complying with other federal, state, and local laws … Very few pri… Status: Failed--adjourned MN SB 1553 CCPA, which became effective on Jan. 1, 2020, is intended to ensure Californians’ personal data is protected. Requires that internet service provider requirements keep all customer information confidential unless written consent is provided by the customer. CA AB 1665 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. Status: Pending The law is effective as of March 21, 2020. However, after the creation of a national economy, after the Civil War, made personal protection of privacy … MI SB 172 Relates to the Biometric Information Privacy Act. Status: Failed--adjourned Status: Pending 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 NY SB 1464 Status: Failed - Adjourned 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 A separate document provides access to federal laws, which are relevant to Commonwealth government agencies, and to some of the private sector throughout the country.This document provides access to the laws of those 8 jurisdictions relevant to privacy, under the headings below. Increases consumer data transparency. NY SB 5642 The CCPA arrived quickly and went into effect before many businesses were truly prepared. WA SB 6281 Protects consumer data. Establishes criminal penalties for failure to protect another person's personal information. Status: Enacted How do we improve that statistic for the states yet to fall under such a law? Tel: 303-364-7700 | Fax: 303-364-7800, 444 North Capitol Street, N.W., Suite 515 Concerns the management and oversight of personal data. Status: Failed--adjourned NY SB 2398 Status: Failed Status: Failed - Adjourned This web page documents state laws in a limited number of areas related to data privacy, digital privacy and internet privacy : website privacy policies, privacy of online book downloads and reader browsing information, personal information held by Internet service providers, online marketing of certain products directed to minors, and employee email monitoring. Status: Pending Status: Failed - Adjourned 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. Companies must explain why they collect da… MD HB 1656 Status: Failed--adjourned Relates to promoting consumer protection in data and technology. A YES vote on this measure means: Existing consumer data privacy laws and rights would be expanded. INITIATIVE STATUTE. Relates to the online collection of personal information from children and minors. Expands the prohibition against collecting biometric data to private entities. Amends the General Business Law, relates to the personal information of a credit or debit card holder, adds zip code, e-mail address and home, cell and work telephone Numbers to the personal information protected. WA HB 2759 Status: Failed--adjourned Subscribe to U.S. State Law. 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. MD SB 476 Status: Failed Approach: HF 3096 is substantively the same as the CCPA, though rewritten to be more concise. NJ SB 1317 Consumers are now more aware that businesses, social media sites and other websites may collect and share their personal information with third parties. SD SB 185 IL HB 3130 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. One huge change coming in 2020 is a new data privacy law called the California Consumer Protection Act, or CCPA. 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. Of those, 28% go online almost constantly and 45% go online several times a day. 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 Status: Pending Status: Pending CA AB 2280 GDPR’s missionis to shift the balance of power to consumers when it comes to the use of their personal data. 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. In the United States, at the federal level, the power to enforce data protection regulations and protect data privacy belongs to the U.S. Federal Trade Commission (FTC), which has a broad level of authority. AMENDS CONSUMER PRIVACY LAWS. This law also provides some specific privacy … Relates to the sale of personal information by an internet service provider. 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. 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. Status: Pending Status: Failed Knowing and understanding these privacy laws is essential in 2020. Amends the Alcoholic Beverage Control Act. CA AB 981 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. 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 … 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. RI SB 2430 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. AZ SB 1614 CCPA Copycats MN HB 2917 Status: Failed--adjourned Status: Enacted Status: Pending As noted above, very few consumer data privacy bills have been enacted so far this year. Status: Failed--adjourned Specifies that retailers may provide proof of purchase in electronic form to a member of a frequent shopper program, requires retailers who offer electronic proof of purchase to have reasonable safeguards to protect members' personal information. Bills were considered in at least 30 states and Puerto Rico in 2020. 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. Prior results do not guarantee a similar outcome. NY AB 3818 Status: Enacted Users must be told in the simplest terms how their data is collectedand used 2. WA SB 5377 Gives the Chief of Enforcement, and all investigators, inspectors, and deputies of the Bureau of Cannabis Control the authority of peace officers extending to any place in the state while engaged in exercising their powers or performing their duties imposed by investigating laws. 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. Requires consumer reporting agencies to increase protection of consumers' personal information. Status: Pending 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. NY SB 6848 NY SB 3970 Changes include: 1. CIPP Certification. IL SB 2149 Status: Pending NJ AB 2188 Status: Failed--adjourned NJ AB 3525 Enacts the Utah Consumer Privacy Act. It fails to include the modifications made in the last round of CCPA amendments—for example, employees still have full consumer rights and there is no exclusion for certain business-to-business communications. SC HB 4812 Establishes an exception to the act for a business that provides a consumer's personal information to a government agency solely for the purposes of carrying out a government program, if specified requirements are met. Telecommunications Technology and Regulation, 2019-20 Privacy Legislation Related to Internet Service Providers. HI HB 2572 Part one provides an … Status: Failed - Adjourned Status: Pending PA HB 1049 Status: Pending VA HB 955 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. Status: Pending Status: Pending - Carryover Posted in Privacy, State privacy legislation. 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. Status: Pending MA SB 120 Customize your own learning and neworking program! NJ SB 236 Status: Pending Status: Failed - Adjourned 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. Status: Pending 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. NJ SB 269 Status: Failed - Adjourned WA HB 2742 Crain Communications, No. By Mindi Giftos on February 24, 2020. Approach: HB2572 is a narrow bill seeking to regulate specific harms and would not grant consumers access or deletion rights. Status: Pending NJ AB 3072 Prohibits a direct-to-consumer genetic testing business entity from sharing personally identifiable genetic test data or other personally identifiable information about a consumer with a third party without the express written consent of the consumer or a subpoena or court order. Provides relative to the protection of personally identifiable information. 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. CA AB 2261 (House Bill 2366) Grants a consumer a right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of third parties with which the information is shared. Status: Pending 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. Concerns the management and oversight of personal data. Revises the definition of deidentified information for purposes of the Consumer Privacy Act to mean information that does not identify, and is not linkable, directly or indirectly, to a particular consumer. NY AB 6351 Oregon (SB 684) – Effective January 1, 2020, the Oregon Consumer Information Protection Act will expand some data breach notification rules to include vendors. WI AB 871 NH HB 1466 Few bills have been enacted, however, as the Covid-19 pandemic disrupted legislative sessions and dramatically changed priorities. While the laws don’t directly apply to state agencies, government officials can look to them as models for appropriate privacy practices. Requires commercial Internet website and online service operators to conspicuously post their privacy policy. Status: Failed - Adjourned VT HB 157 WI AB 872 Status: Pending MN HB 112