On May 17, Colorado Governor Jared Polis signed the Colorado Artificial Intelligence Act (SB 205) into law, making Colorado the first state to enact legislation that broadly addresses the use of artificial intelligence in high-risk processing activities.

On June 4, 2024, members of Husch Blackwell’s data privacy and AI team will host a webinar to take a first look at the law and what it means for your business. Click here for more information and to register.

Keypoint: The Minnesota bill contains several unique requirements and provisions, including a novel right to question the result of a profiling decision, privacy policy provisions that increase interoperability with existing state laws, and new privacy program requirements such as a requirement for controllers to maintain a data inventory.

On May 19, the Minnesota legislature passed the Minnesota Consumer Data Privacy Act (HF 4757 / SF 4782). The bill, which is sponsored by Representative Steve Elkins, was passed as Article 5 of a larger omnibus bill. The bill next moves to Governor Tim Walz for consideration.

The Minnesota bill largely tracks the Washington Privacy Act model but with some significant and unique variations. For example, the bill creates a novel right to question the result of a profiling decision and have a controller provide additional information regarding that decision. It also contains privacy policy requirements that are intended to increase interoperability with other state consumer data privacy laws. Further, the bill contains provisions requiring controllers to maintain a data inventory and document and maintain a description of policies and procedures the controller has adopted to comply with the bill’s provisions. We discuss those requirements and provisions, along with others, in the below article.

As with prior bills, we have added the Minnesota bill to our chart providing a detailed comparison of laws enacted to date.

Continue Reading Minnesota Legislature Passes Consumer Data Privacy Act

Keypoint: If signed into law, Colorado companies that process children’s data will have new requirements beginning on October 1, 2025.  

Prior to the legislature closing on May 8, Colorado lawmakers passed SB 41, which amends the Colorado Privacy Act (CPA) to add protections for children’s data privacy. If signed into law by Colorado Governor Jared Polis, it will go into effect on October 1, 2025. The bill creates new obligations for entities that offer any online service, product, or feature to minors (under 18). The bill is modeled on Connecticut’s SB 3 signed into law last June.

In the below article, we provide an overview of the obligations under SB 41 and the key differences between SB 41 and Connecticut’s SB 3.

Continue Reading Colorado Legislature Passes Children’s Data Privacy Bill

Keypoint: Last week, Colorado passed children’s privacy and artificial intelligence bills, Vermont passed a consumer data privacy bill, Maryland’s consumer data privacy and AADC bills were signed into law, and Minnesota is on the cusp of passing a consumer data privacy bill.

Below is the sixteenth weekly update on the status of proposed state privacy legislation in 2024.

Continue Reading Proposed State Privacy Law Update: May 13, 2024

Keypoint: If signed into law, Colorado will become the first state to enact legislation regulating the use of high-risk artificial intelligence systems.

On May 8, the Colorado legislature passed the Colorado Artificial Intelligence Act (SB 205). If signed by Governor Jared Polis, Colorado will become the first state to enact legislation that broadly addresses the use of artificial intelligence, in particular the use of artificial intelligence in high-risk activities. The bill is co-sponsored by Senate Majority Leader Robert Rodriguez and House Representatives Manny Rutinel and Brianna Titone.

In the below article, we first provide context and background on the bill. We then provide a summary of the bill’s provisions.

Continue Reading Colorado Legislature Passes First-in-Nation Artificial Intelligence Bill

Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in different states each dismissed VPPA claims, and another court weighs in on the recent pen registry case theory.

Welcome to the thirteenth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. A lot happened in April. In this month’s post, we look at two decisions from California that addressed whether language in the privacy policy can establish the plaintiff consented to the recording and sharing of chat communications. We also take a look at three VPPA decisions granting motions to dismiss where plaintiffs failed to allege facts that satisfy the definitional prerequisites of the statute. Additionally, we note a recent development in one pending case where the VPPA is being challenged as unconstitutional.

If you are a Byte Back+ member, you will also see our coverage on recent lawsuits beyond the wiretapping and VPPA claims, including the recent trend of cases brought under pen registry laws, efforts against plaintiffs who have brought wiretapping claims in private arbitration rather than the public courts (including a major victory for website owners), and—new this month—the recent flood of cases brought under New Jersey’s Daniel’s Law. Interested in learning more about Byte Back+? Click here.

There are many courts currently handling data privacy cases across the nation. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation about which you would like to know more, please reach out. The contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following us on LinkedIn.

Continue Reading U.S. Privacy Litigation Update: April 2024

Keypoint: Last week, bills advanced in Colorado and California while, with legislatures in multiple states set to close this week, we will know the fate of significant bills in the coming days.

Below is the fifteenth weekly update on the status of proposed state privacy legislation in 2024.

Continue Reading Proposed State Privacy Law Update: May 6, 2024

Keypoint: Colorado employers and controllers that collect and process biometric data and identifiers will need to comply with disclosure, consent, and retention requirements beginning on July 1, 2025.

In late April, the Colorado legislature passed HB 1130, which amends the Colorado Privacy Act (CPA) to add protections for an individual’s biometric data and identifiers. Subject to the procedural formalities in the legislature, the bill will move to Colorado Governor Jared Polis for consideration. Assuming the bill becomes law, it will go into effect on July 1, 2025, and create several new obligations for entities that collect biometric data and identifiers. In addition, the bill’s requirements will apply to more entities than are currently covered by the CPA and will apply to employee data.

In the below article, we first provide a brief overview of the CPA’s existing treatment of biometric data. We then discuss the new obligations created by HB 1130.

Continue Reading Colorado Legislature Passes Biometric Privacy Bill

Keypoint: Last week, the Colorado legislature passed a bill amending the Colorado Privacy Act to add provisions regarding biometric data and the California legislature advanced numerous bills.

Below is the fourteenth weekly update on the status of proposed state privacy legislation in 2024.

Continue Reading Proposed State Privacy Law Update: April 29, 2024

Keypoint: Since our last update, the Connecticut Senate passed an algorithmic discrimination bill, an algorithmic discrimination bill was introduced in Colorado and passed the Colorado Senate Judiciary Committee, and an algorithmic discrimination bill passed out of a California committee.

Below is our fourth update on the status of pending US artificial intelligence (AI) legislation that would affect the private sector.

Continue Reading AI Legislation Update: April 25, 2024