Status: Enacted Status: Pending Crain Communications, No. IL HB 5288 Explore the privacy/technology convergence by selecting live and on-demand sessions from this new web series. 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. Knowing and understanding these privacy laws is essential in 2020. Relates to the collection, use, disclosure or dissemination of personal information from customers of telecommunications or internet service providers. 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. For the purposes of this law, the state of California provided definitions for consumers, businesses, third parties, personal information, and many other items. Status: Failed--adjourned Status: Pending Oregon – Effective January 1, 2020, the Oregon Consumer Information Protection Act will expand some data breach notification rules to include vendors. Restricts controllers from using consumer personal data, provides a penalty. RI HB 7778 IL SB 3414 IL SB 2263 19-11889 (E.D. Amends the General Business Law, restricts the disclosure of personal information by businesses. MI SB 172 The global standard for the go-to person for privacy laws, regulations and frameworks. VA SB 101 Status: Pending NY AB 235 Status: Failed Status: Failed--adjourned IL HB 2736 Limits the government use of facial recognition systems, except in certain circumstances. Status: Failed--adjourned FL HB 963 Status: Pending But the aftershocks … Status: Pending 5. SC HB 4812 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… 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. NY SB 6848 MA HB 1403 Status: Pending 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, provides definitions. This is a much easier bar to meet than full de-identification. 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 Instead, most regulation is at the state level, so state attorneys general play a key role in enforcement. The enactment of privacy laws seeks to ensure a balance between your right to information privacy while online and national security. Status: Failed--adjourned WA HB 2046 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. Status: Pending 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. Prohibits a person from practicing as an athletic trainer or using certain titles or terms without being licensed by the board. MA HB 243 Status: Failed--adjourned Status: Failed--adjourned NY AB 7736 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 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. NJ SB 269 Subscribe to U.S. State Law. VT HB 157 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. Denver, CO 80230 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. IL SB 2134 Requires retailers to post warning signs of the tracking of customers through cell phones or other electronic devices, provides for civil penalties. Many of the bills are reaching the hearing stage, indicating some legislative interest in them. Relates to civil action, relates to sale of personal data, requires a person that disseminates, obtains, maintains, or collects personal data about a consumer for a fee to implement security practices to protect the confidentiality of a consumer's personal data, obtain express consent of a blank of a minor before selling the personal data of such minor, provide access to consumers to their own personal data that is held by the entity, and refrain from maintaining or selling data. Businesses required to meet privacy requirements would change. As noted above, very few consumer data privacy bills have been enacted so far this year. The bill would provide that a business that offers personal health record software or hardware to a consumer, in order to make information available to an individual or provider of health care at the request of the individual or provider of health care, for purposes of allowing the individual to manage their information, or for the diagnosis, treatment, or management of a medical condition of the individual, shall be deemed to be a provider of health care subject to the requirements of the Confidentiality of Medical Information Act. IL SB 2149 NY SB 2323 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." PA HB 1049 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. Crain Communications, No. 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. Status: Failed--adjourned The new Washington Privacy Act raises the bar for privacy in the United States. Status: Failed - Adjourned NH HB 1680 Status: Pending 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. 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. IL HB 3051 Implements the recommendations of the Twenty-First Century Privacy Law Task Force. Status: Pending NY AB 5306 CA AB 1665 CIPM Certification. IL SB 2273 MN HB 1030 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 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. Status: Pending NH HB 1236 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 Status: Pending 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. Status: Pending AZ SB 1614 Excepts from the Consumer Privacy Act information that was deidentified in accordance with specified federal law, was derived from medical information, protected health information, individually identifiable health information, or identifiable private information, consistent with specified federal policy. Establishes the Genetic Information Privacy Act. 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. Status: Enacted 50-state summary. Status: Failed - Adjourned Creates the App Privacy Protection Act, requires an entity that owns, controls, or operates a web site, online service or software application to identify in its customer agreements or applicable terms whether third parties collect electronic information directly from the digital devices of individuals in who use or visit its web site, online service or software application, requires the disclosure of the names of those third parties and the categories of information collected. Relates to the Biometric Information Privacy Act. The state’s most recently passed privacy law addresses advertising to children, inconspicuous privacy policies, and enhancing privacy protections for ebook readers. Status: Pending Don’t let them surprise you and your bank. 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 Contact. Above all, privacy and security professionals need to be aware of what is on the horizon within their sphere of applicability. Definitions. Status: Pending 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. NJ AB 3255 CA AB 846 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. Status: Pending Status: Pending Status: Pending Imposes a general data mining service tax on commercial data operators. Status: Failed - Adjourned 2019 Consumer Data Privacy Legislation. IL SB 3299 Regulates advertising on the internet. WI SB 851 Status: Failed - Adjourned ID HB 492 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 … CA AB 1395 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. 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. While there are variations in state proposals, many of the bills seem to fall into three molds. 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. NY SB 3970 NJ AB 2188 CIPP Certification. 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. As 2020 draws closer, many states are poised to consider their own consumer privacy laws. VT HB 899 HI HB 2572 AZ HCR 2013 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. Creates the Mississippi Consumer Data Privacy Act, authorizes consumers to request that businesses disclose certain information, authorizes consumers to request that businesses delete personal information collected by businesses, requires businesses to disclose certain information to consumers, to inform consumers of their right to request that personal information be deleted, and to delete personal information collected about consumers upon request. Table of Contents. Prohibits a licensee from employing or continuing to employ an alcohol server without a valid alcohol server certification beginning on a specified date. MD HB 1578 In recent years, a number of events have converged to heighten consumer awareness of and concerns about privacy: implementation of the California … 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. Requires consumer reporting agencies to increase protection of consumers' personal information. However, there is no federal data privacy law or central data protection authority tasked with ensuring compliance. MA HB 382 CA SB 980 WA SB 5377 For exam… NY SB 7641 Amends the Biometric Information Privacy Act, deletes language creating a private right of action, provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor, provides that an employee or former employee may file a complaint with the Department alleging a violation. Oregon (SB 684) – Effective January 1, 2020, the Oregon Consumer Information Protection Act will expand some data breach notification rules to include vendors. Telecommunications Technology and Regulation, 2019-20 Privacy Legislation Related to Internet Service Providers. 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. Status: Pending Prohibits commercial mobile service providers from disclosing customer's geolocation data to third parties. Requires manufacturers of smart speakers to obtain signed written permission from users before storing voice recordings. 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. As noted above, very few consumer data privacy bills have been enacted so far this year. Cal. Status: Failed - Adjourned NY SB 1204 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. Status: Failed--adjourned Security. Relates to telecommunications, data privacy, prohibits collection of personal information absent customers express written approval. Pam Greenberg. CA AB 2261 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. CCPA Copycats Status: Failed - Adjourned Expands the prohibition against collecting biometric data to private entities. The first and only privacy certification for professionals who manage day-to-day operations MD HB 307 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. Code §§ 1798.100 et seq., The California Consumer Privacy Act of 2018 (CCPA) Allows consumers the right to request a business to disclose the categories and specific pieces of personal information that the business has collected about the consumers as well as the source of that informati… Relates to the online collection of personal information from children and minors. NJ SB 1317 Prohibits a business or other person from reidentifying information that was deidentified, unless a specified exception is met. Relates to adopting minimum security standards for connected devices. Status: Failed--adjourned Status: Pending Status: Failed Laws that require the government to dispose of customer data after a set period of time, protect the privacy of e-reader and library data, and protect employee privacy helped the state to stand out. Status: Pending Status: Enacted NJ SB 236 Status: Pending - Carryover NJ AB 1181 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. 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. NJ AB 3072 NY SB 5642 Status: Failed 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. 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. 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. 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. 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. The law is effective as of March 21, 2020. Status: Failed - Adjourned Status: Pending VA HB 473 IL SB 3776 Status: Failed - Adjourned Concerns the privacy of consumer data, grants rule making authority, provides a penalty. 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. Scheduled to take effect in 2020, 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. MS SB 2548 The initiative would create an independent agency focused just on the privacy law, ... and then you’re going to have potentially other state laws. Despite an increased number of bills, however, comprehensive legislation did not pass in 2019. 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. Status: Failed Status: Pending - Carryover Currently, 25 U.S. States have their own data privacy laws governing the collection, storage, and use of data collected from their residents. MA HB 349 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. ... published by Termageddon, breaks down the recent amendments to the Nevada state privacy law… Mich. January 16, 2020), has important implications for the extraterritorial application of state privacy laws and more generally signifies that compliance with these laws … NY AB 7268 Requires commercial Internet website and online service operators to conspicuously post their privacy policy. Status: Failed - Adjourned Status: Failed--adjourned 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. Status: Failed - Adjourned MA SB 1936 exempts from the CCPA certain employment information and personal information involved in business-to-business communications and transactions. Status: Pending 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. 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. Status: Failed--adjourned Status: Pending 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. Status: Pending Status: Pending - Carryover Civ. 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). GDPR complianceis forcing global adjustments in data management – both in the EU, and around the world. WI AB 871 Jan 24, 2020 | Julie Brill - Corporate Vice President for Global Privacy and Regulatory Affairs and Chief Privacy … LA HB 654 Requires a licensed athletic trainer to practice only in collaboration with a physician and surgeon. States around the country considered privacy laws like California's this year. Status: Failed - Adjourned MN SB 433 In an article in The Hindu, Is a person’s address public information? IL HB 3130 Increases consumer data transparency. Status: Failed--adjourned Status: Failed - Adjourned Amends the Alcoholic Beverage Control Act. Under that law, a consumer can bring an action to recover for injury or loss, Md. MD HB 784 Prohibits commercial mobile service providers and mobile application developers from disclosing customer's location data to third parties. The CCPA arrived quickly and went into effect before many businesses were truly prepared. Status: Pending 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. The law is effective as of March 21, 2020. Excluded from the definition of operators are (1) third-parties that host a website on beh… ME LR 2602 NJ AB 2340 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. 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: Pending Relates to biometric identifiers, relates to commercial purpose, relates to consent. However, after the creation of a national economy, after the Civil War, made personal protection of privacy … Minnesota Status: Pending Status: Pending 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. Status: Pending Status: Pending 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. CT SB 134 Status: Pending 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. Online and national security website and online service operators to conspicuously post their policy! 1854 Status: Failed -- adjourned Concerns registration and consumer protection in data and technology has! As biometric data or information about race or ethnicity, could only be processed with explicit consent they online... For automated decisionmaking about the consumer under such a law draws closer, of... 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