state privacy laws 2020

Status: Pending Requires actions for relief to be prosecuted exclusively by a District Attorney, county counsel, city attorney, or city prosecutor. Requires a licensed athletic trainer to practice only in collaboration with a physician and surgeon. One huge change coming in 2020 is a new data privacy law called the California Consumer Protection Act, or CCPA. 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. Requires commercial Internet website and online service operators to conspicuously post their privacy policy. Authorizes consumers to demand that a business not disclose the consumer's personal information to third parties and to exercise the right to opt out of third-party disclosure through a certain setting, including a browser setting, browser extension, or global device setting, prohibits a business from disclosing the personal information of a consumer to a third party if the business has certain knowledge of or willfully disregards the fact the consumer is under the age of 18. You consent to the use of cookies if you use this website. Knowing and understanding these privacy laws is essential in 2020. 10/9/2020. NJ SB 269 Status: Enacted Very few pri… Status: Failed - Adjourned 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. Requires commercial Internet websites and online services to notify customers of collection and disclosure of personally identifiable information and allows customers to opt out. Amends the Biometric Information Privacy Act, provides that a prevailing party may only recover liquidated damages of $1,000 or actual damages, whichever is greater, for negligent violation of the Act against a private entity offending party that is not a current or former employer of the prevailing party, provides that a prevailing party may only recover actual damages against a private entity offending party that is the current or former employer of the prevailing party. Status: Pending 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. Denver, CO 80230 WA HB 1503 Prohibits commercial mobile service providers and mobile application developers from disclosing customer's location data to third parties. NJ AB 2489 Status: Failed 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. 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. The state’s most recently passed privacy law addresses advertising to children, inconspicuous privacy policies, and enhancing privacy protections for ebook readers. Status: Failed--adjourned Status: Pending Status: Pending CCPA, which became effective on Jan. 1, 2020, is intended to ensure Californians’ personal data is protected. Creates the Transparency and Privacy Protection Act to require online service providers and commercial websites that collect, store, and sell personally identifiable information, to disclose what categories of personally identifiable information they collect and to what third parties they sell the information. 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. NY AB 5306 Status: Failed - Adjourned 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. CA AB 1665 Amends the Biometric Information Privacy Act, changes the term of written release to written consent, provides that the written policy that is developed by a private entity in possession of biometric identifiers shall be made available to the person from whom biometric information is to be collected or was collected, provides that an action brought under the act shall be commenced within one year after the cause of action accrued under certain circumstances. Status: Failed - Adjourned 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. … 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. Status: Pending Status: Pending Scheduled to take effect in 2020, Customize your own learning and neworking program! Status: Pending IL SB 3591 Officially called AB-375, the act was introduced by Ed Chau, member of the California State Assembly, and State Senator Robert Hertzberg. 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. 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. AZ SB 1614 Status: Failed - Adjourned Status: Failed - Adjourned 19-11889 (E.D. The first and only privacy certification for professionals who manage day-to-day operations 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. NY SB 1464 Status: Failed--adjourned As noted above, very few consumer data privacy bills have been enacted so far this year. 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. Implements the recommendations of the Twenty-First Century Privacy Law Task Force. (OpEd page, December 1, 2020), the writers, Shailesh Gandhi and Prashant Reddy T., raised a few issues over a recent … SD SB 185 Status: Failed--adjourned Note: Provisions in the original version of this bill intended to clarify the California Consumer Privacy Act of 2018 were amended out of AB 846. Status: Pending Status: Pending 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. MA HB 350 Status: Failed--adjourned Status: Failed - Adjourned NY SB 6848 Establishes the California Board of Athletic Training within the Department of Consumer Affairs to exercise licensing, regulatory, and disciplinary functions. Status: Pending Restricts controllers from using consumer personal data, provides a penalty. NY SB 2398 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. The CCPA will impose certain duties on entities or persons that collect information ab… AZ HCR 2013 Status: Failed - Adjourned Amends the Alcoholic Beverage Control Act. Relates to the deletion of consumer personal data by controllers, provides a penalty. 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. Status: Pending NY SB 3147 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 regulations. Status: Failed--adjourned Status: Pending Protects consumer data. Relates to consumer data, relates to privacy. NY AB 3739 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 … 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. A controller who violates any of these requirements could be liable for fines of up to $20 million or up to 4 percent of annual revenue, whichever is greater. Representative Zack Hudgins (D-WA) was also part of the concurrence meeting and said lawmakers were unable to overcome disagreements around consumer-focused enforcement of privacy laws. CA AB 2280 Status: Pending Relates to telecommunications, data privacy, prohibits collection of personal information absent customers express written approval. Takes effect January 1, 2020 Amends the Texas Identity Theft Enforcement and Protection Act Creates the Texas Privacy Protection Advisory Council, “to study data privacy laws in this state, other states, and relevant foreign jurisdictions”. Amends the General Business Law, restricts the disclosure of personal information by businesses. AB872 would require a lawful basis for processing and does not offer legitimate interest as a potential lawful basis. MN HB 2917 The enactment of privacy laws seeks to ensure a balance between your right to information privacy while online and national security. ICLG - Data Protection Laws and Regulations - USA covers common issues including relevant legislation and competent authorities, territorial scope, key principles, individual rights, registration formalities, appointment of a data protection officer and of processors - in 39 jurisdictions. Status: Pending 19-11889 (E.D. 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. Status: Pending NJ SB 1257 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. IL HB 3130 Currently, 25 U.S. States have their own data privacy laws governing the collection, storage, and use of data collected from their residents. Vermont passed a law regulating data brokers in May, and it went into effect in January. CA SB 108 The legislation identified below is limited to the regulation of privacy practices of commercial entities, online services or commercial websites, covering legislation related to the privacy of consumer data, including bills related to online privacy, collection of consumers' biometric data, data broker regulation and other miscellaneous consumer privacy issues. Companies must explain why they collect da… 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. This law also provides some specific privacy … IL HB 3051 We reported last month on nine states (including Washington) where bills were introduced in January. Status: Failed Status: Pending Status: Pending Status: Pending - Carryover Approach: We reported last month on draft bill A2188 that would regulate owners/operators of websites and online services in their use of "personally identifiable information." Proposed Effective Date: January 1, 2021. 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. The initiative would create an independent agency focused just on the privacy law, ... and then you’re going to have potentially other state laws. A new state agency and the state’s Department of Justice would share responsibility for overseeing and enforcing state consumer privacy laws. Status: Failed--adjourned Status: Failed--adjourned MN HB 3096 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. Creates the Right to Know 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. VA HB 473 Relates to an act to expand protections for the privacy of online consumer information. AZ HB 2729 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. 01.01.2020 07:00 AM. Regulates collection of personal information by scanning a machine readable, state issued driver's license or id card. CA SB 980 Relates to children's online privacy protection, prohibits any person who operates a website for commercial purposes and who collects or maintains personal information from or about the users of or visitors to such website or online service from releasing personal information collected from minor for any purpose, except where the personal information is provided to a person other than an operator that provides support for the internal operations of the website, online service, or online application. Status: Failed--adjourned Relates to requiring registration of data brokers and directing the attorney general to maintain a website of such registrations. Status: Pending Users must be told in the simplest terms how their data is collectedand used 2. A new state agency and the state’s Department of Justice would share responsibility for overseeing and enforcing state consumer privacy laws. Prohibits retail sales establishment from storing certain magnetic-stripe data, requires reimbursement for costs incurred by financial institution due to breach of security. 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. Status: Pending ©1996-2020 Davis Wright Tremaine LLP. Status: Enacted Status: Pending NE L 746 Above all, privacy and security professionals need to be aware of what is on the horizon within their sphere of applicability. IL HB 4975 GDPR complianceis forcing global adjustments in data management – both in the EU, and around the world. Status: Pending INITIATIVE STATUTE. Status: Failed - Adjourned Promotes net neutrality and consumer protection. Relates to the use of voice recognition features in certain products. 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. HI SB 418 MS SB 2548 NY SB 2323 Requires consumer reporting agencies to increase protection of consumers' personal information. NJ SB 236 Relates to biometric identifiers, relates to commercial purpose, relates to consent. 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. 2.1 Please provide the key definitions used in the relevant legislation: “Personal Data” In … CA AB 2261 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. 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. Explore the privacy/technology convergence by selecting live and on-demand sessions from this new web series. Minnesota Status: Failed - Adjourned Data brokers, which buy and sell consumer information, must now register with the state's attorney general, make annual disclosures regarding privacy … The exceptions to the right to deletion are more limited and do not allow for internal uses aligned to consumer expectations. 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. One huge change coming in 2020 is a new data privacy law called the California Consumer Protection Act, or CCPA. Status: Pending NJ SB 1223 CA AB 981 NH HB 1680 Oregon (SB 684) – Effective January 1, 2020, the Oregon Consumer Information Protection Act will expand some data breach notification rules to include vendors. Requires an event operator to disclose the number of tickets available for sale to the general public for an event, prohibits a place of entertainment that is funded by donations, public funds, or is tax exempt from entering into exclusive ticketing contracts, prohibits ticket sellers from disclosing ticket purchasers' personally identifiable information. Relates to telecommunications and data privacy, prohibits the collection of personal information absent a customer's express written approval. These laws are at the forefront of what most privacy and compliance experts expect will be a new wave of consumer-oriented privacy legislation. The law is effective as of March 21, 2020. IL HB 5374 Texas – Texas’ new data privacy law has been in effect since January 1, 2020. Subscribe to U.S. State Law. 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. Status: Failed - Adjourned Establishes an exemption to the prohibition against scanning, recording, retaining, or storing information collected from drivers' licenses. NY SB 518 Amends the Citizen Privacy Protection Act, makes a technical change in a section concerning the short title. Approach: HF 3096 is substantively the same as the CCPA, though rewritten to be more concise. A new draft bill, SB 3299, that is a near duplicate of the CCPA was introduced this past month. 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 … MN SB 433 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. 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. 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. Status: Pending WA SB 5376 They also hear more about security breaches, cyberattacks and unauthorized sharing of personal information. These state-level regulations often have overlapping or incompatible provisions. 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. The law is effective as of March 21, 2020. Status: Pending Status: Failed--adjourned This is a much easier bar to meet than full de-identification. WI SB 851 CA AB 873 IL SB 2134 We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill. (House Bill 2366) Changes the law regarding consumer protection and law enforcement by limiting the use of a person's biometric data. NY AB 7736 ME LR 2602 Of those, 28% go online almost constantly and 45% go online several times a day. Establishes the "It's Your Data Act" for the purposes of providing protections and transparency in the collection, use, retention, and sharing of personal information. Status: Failed - Adjourned Amends the Biometric Information Privacy Act, deletes language that a prevailing party may recover damages against a private entity that negligently violates the act for each violation of the act, provides instead that a prevailing party may recover liquidated damages of a specified amount or actual damages, whichever is greater, and that such damages for a negligent violation by a private entity shall be recovered only for a single collection of each aggrieved party's biometric identifier. 2489 Status: Pending prohibits commercial mobile service providers be prosecuted exclusively by a,... The Citizen privacy protection Act, makes a technical change in a concerning! Sites and other websites may collect and share their personal information by an service. Automated decisionmaking about the consumer 's data for automated decisionmaking about the consumer 2020 in the.... 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