Keypoint: Last week a narrow consumer privacy bill passed the New Jersey Senate, a children’s privacy bill passed the Virginia House, new consumer privacy bills were filed in New York, Rhode Island, Tennessee, Texas, and Washington, and new children’s privacy bills were filed in New Mexico, New York, and Utah.
Below is the fourth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.
First, we are regularly updating our 2023 State Privacy Law Tracker and new 2023 State Children’s Privacy Law Tracker and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages for easy reference.
Second, 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 on LinkedIn and/or Twitter.
Table of Contents
- What’s New?
- Upcoming Hearings
- Consumer Data Privacy Bills
- Biometric Privacy Bills
- Children’s Privacy Bills
- Data Broker Bills
- Health Data Privacy Bills
- Automated Employment Decision Tools Bills
- Algorithmic Discrimination Bills
1. What’s New?
It was another week filled with a lot of activity.
Beginning with broad consumer privacy bills, we saw movement with bills in New Jersey, Hawaii, and Iowa.
In New Jersey, on February 2, the Senate voted 27-11 to pass S332. The bill is narrow, perhaps most similar to the Nevada Online Privacy Protection Act. It contains privacy notice provisions and limited right to know and opt out of sale provisions. A companion House bill (A1971) has not seen movement.
In Hawaii, HB 1497 passed out of the House Committee on Higher Education and Technology.
In Iowa, a Senate subcommittee recommended amendment and passage of Senate Study Bill 1071. Last week, a House subcommittee recommended passage of House Study Bill 12.
Lawmakers also continued to introduced bills with new bills filed in Texas (HB 1844), New York (S3162 and A3593), Rhode Island (H 5354), Tennessee (HB 1181), and Washington (SB 5643). The Texas bill is based on the Virginia Consumer Data Protection Act (VCDPA). The Tennessee bill, Washington bill, and New York A3593 are companion bills to bills previously filed in the other legislative chamber. New York’s S3162 and Rhode Island’s H 5354 are much narrower privacy bills.
In Mississippi, SB 2080 died in committee.
Turning to children’s privacy bills, on February 3, the Virginia House passed HB 1688 by a vote of 96-2. The bill would amend the VCDPA by (1) re-defining “child” to be a person under 18 years of age (and not under 13); (2) require operators to obtain parental consent prior to registering a child for their product or services or before collecting, using or disclosing such child’s personal data that has been verified by such child’s parent or guardian; and (3) require operators to not knowingly process the personal data of a child for purposes of (i) targeted advertising, (ii) the sale of such personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer. Last week, the Senate Committee on General laws and Technology passed by indefinitely the Senate companion bill SB 1026.
Lawmakers also filed new bills in New Mexico (SB 319), New York (S3281), and Utah (SB 152 / HB 311). The New York bill is a refiling of a bill that was filed at the end of last session.
The Utah bills appear to be on a fast track. As originally introduced, the House bill bans children under 16 from using social media accounts although the bill was significantly amended before passing out of committee on February 3. The Senate bill sped through committee and is currently on the Senate second reading calendar.
Turning to biometric privacy bills, Mississippi’s HB 932 died in committee. In Tennessee, a companion House bill was filed to the existing Senate bill (SB 339).
Finally, in Washington, the House version of the My Health My Data Act (HB 1155) received amendments during an executive session of the House Committee on Civil Rights & Judiciary. The Committee voted to adopt the substitute text and pass the bill out of committee with a “Do Pass” recommendation.
2. Upcoming Hearings
February 6
Oregon HB 2052 (data broker) scheduled for work session in the House Committee on Business and Labor
Hearing on Arizona SB1238 (biometric privacy) in Senate Committee on Transportation and Technology
February 8
Hearing on Maryland SB0169 (biometric privacy) in the Senate Finance Committee
February 9
Hearing on Vermont H 121 (consumer privacy) in House Committee on Commerce and Economic Development
February 10
Public hearing on Hawaii SB 974 (consumer privacy) in Senate Committee on Commerce and Consumer Protection
February 22
Hearing on Maryland HB 33 (biometric privacy) in Economic Matters Committee
3. Consumer Data Privacy Bills
The below states are considering consumer data privacy bills. These bills are also tracked on our 2023 State Privacy Law Tracker.
Hawaii
On January 20, 2023, lawmakers introduced two versions of the Hawaii Consumer Data Protection Act in the Senate – SB 974 and SB 1110. SB 974 was referred to the Senate Committee on Commerce and Consumer Protection and the Senate Committee on Ways and Means. SB 1110 was referred to the Senate Committee on Commerce and Consumer Protection / Senate Judiciary Committee and the Senate Committee on Ways and Means.
Lawmakers also introduced HB 1497, which passed out of the House Committee on Higher Education and Technology.
Illinois
Representative Kam Buckner introduced HB 1381 – the Right to Know Act on January 24, 2023. The bill is a narrow, focusing on disclosures and access to personal information.
Indiana
Republican Senator Liz Brown introduced SB 5 on January 9, 2023. The bill was voted out of the Committee on Commerce and Technology by an 11-0 vote. Last year, the Indiana Senate passed Senator Brown’s SB 358 but it did not make it out of the House.
On January 19, 2023, Representative Chris Jeter filed HB 1554. HB 1554 is similar, but not identical, to SB 5 and includes additional provisions regarding data brokers and children. The bill was assigned to the Committee on Commerce, Small Business and Economic Development.
Iowa
House Study Bill 12 was introduced on January 12, 2023. On January 23, 2023, it passed a three-member subcommittee of the Economic Growth and Technology Committee. Last year, the Iowa House passed House File 2506 but it stalled in the Senate.
Meanwhile, on January 23, 2023, lawmakers introduced a companion senate bill – Senate Study Bill 1071. That bill was referred to the Technology Committee. On January 31, 2023, a subcommittee recommended amendment and passage of the senate bill.
Kentucky
Republican Senator Whitney Westerfield introduced SB15 on January 5, 2023. The bill was referred to the Committee on Economic Development, Tourism and Labor. Last year, Senator Westerfield filed SB15.
Massachusetts
Massachusetts lawmakers have introduced three competing bills.
First, on January 18 and 19, 2023, the Massachusetts Data Privacy Protection Act (MDPPA) was filed in both the Senate (SD 745) by Senator Cynthia Stone Creem and in the House (HD2281) by Representatives Andres Vargas and David Rogers. That bill is based on the federal American Data Privacy Protection Act with additional provisions relating to workplace surveillance.
Second, on January 20, 2023, the Massachusetts Information Privacy and Security Act (MIPSA) was introduced in both the Senate (SD1971) by Senator Barry Finegold and in the House (HD 3263) by Representative Daniel Carey.
Third, Representative Russell Holmes introduced HD 3245 – the Internet Bill of Rights.
Minnesota
Two Republican Senators introduced SF 950, which would require consent for the collection of personal information. The bill was referred to the Commerce and Consumer Protection Committee.
Mississippi
Democrat Senator Angela Turner-Ford introduced SB 2080 on January 9, 2023. The bill died in committee.
New Hampshire
On January 19, 2023, a bipartisan and bicameral group of lawmakers led by Senator Sharon Carson introduced SB 255.
New Jersey
Three bills that we tracked last year have carried over to the 2023 session. On February 2, 2023, the Senate voted 27-11 to pass S332. The bill is narrow, perhaps most similar to the Nevada Online Privacy Protection Act. It contains privacy notice provisions, a right to know, and a limited right to opt out of sales. A companion House bill (A1971) has not seen movement. A505 remains in committee. It also is not as broad as the other bills discussed in this section.
New York
On January 4, 2023, Democrat Senator Kevin Thomas introduced S365. The bill was referred to the Consumer Protection Committee. Senator Thomas introduced S6701 last year. On January 9, 2023, lawmakers also introduced A417, which would create consumer rights around access to and transfers of personal information. The bill was referred to the Consumer Affairs and Protection Committee.
On January 17, 2023, a group of lawmakers introduced the Online Consumer Protection Act (A1366). The bill was referred to the Consumer Affairs and Protection Committee.
On January 19, 2023, Senator Brian Kavanagh introduced the Digital Fairness Act (SB2277). The bill was referred to the Internet and Technology Committee. Both of the bills were filed in 2022.
On January 26, 2023, Assemblymember Vanel introduced the New York Data Protection Act (A 2587). The bill was referred to the Government Operations committee.
On January 30, 2023, Senator Hoylman-Sigal introduced S3162, which is a narrow bill. The bill was referred to the Consumer Protection Committee.
Oklahoma
Republican Representative Josh West pre-filed HB 1030 – the Oklahoma Computer Data Privacy Act (OCDPA). The Oklahoma legislature will open February 6, 2023. Representative West filed privacy legislation the last two years with the bills passing the House but not the Senate. In previous years, the bills were co-sponsored by Collin Walke who retired from the House. As in prior years, the hallmark of the OCDPA is that it would require consumer consent for all personal data collection.
Oregon
Democrat Senator Floyd Prozanski and Democrat Representative Paul Hovley introduced SB 619. The bill was filed at the request of Attorney General Ellen Rosenblum. The Attorney General’s office convened a work group over the summer and fall to work on the bill. The bill was referred to the Joint Committee on Ways and Means.
Rhode Island
Lawmakers filed H 5354.
Tennessee
Republic Senator Bo Watson introduced SB73 on January 4, 2023. On January 20, 2023, the bill was referred to the Senate Commerce & Labor Committee. The bill text is available here. On February 2, 2023, a companion bill was filed in the House (HB 1181). Tennessee lawmakers considered a similar bill last year.
Texas
Representative Capriglione introduced the Texas Data Privacy and Security Act (HB 1844) on February 3, 2023. The bill is based on the Virginia Consumer Data Protection Act.
Vermont
On January 26, 2023, a bipartisan group of representatives introduced H.121. The bill was referred to Committee on Commerce and Economic Development.
Washington
Representative Shelley Kloba reintroduced the People’s Privacy Act (HB 1616) on January 26, 2023. Representative Kloba previously ran the bill in 2021, but did not introduce it in 2022. The bill was referred to the Civil Rights & Judiciary Committee. A group of senators filed a companion bill on January 31, 2023 (SB 5643).
4. Biometric Privacy Bills
The following states are considering BIPA-like biometric information privacy bills. The bills are also tracked on our 2023 State Biometric Privacy Law Tracker.
Arizona
Senator Rogers introduced SB1238.
Hawaii
The Hawaii Biometric Information Privacy Act (SB 1085) was introduced on January 20, 2023. The bill was referred to the Senate Committee on Labor and Technology and Committee on Judiciary.
Maryland
Delegates Love, Charkoudian, Lehman, and Watson introduced HB 33 on January 11, 2023. The bill was referred to the Economic Matters Committee. Last year, the Maryland House passed HB 259, but the bill did not make it out of the Senate. On January 20, 2023, a group of thirteen senators cross-filed SB0169 in the Senate. The bill was referred to the Finance Committee.
Massachusetts
Representative Fernandes introduced HD3053 and Senator Montigny introduced SD 2218.
Mississippi
Representative Anthony Porter introduced HB 467 on January 12, 2023. The bill was referred to the Judiciary Committee.
Minnesota
Senator Lucero introduced SF 954. The bill was referred to the Commerce and Consumer Protection Committee.
New York
On January 17, 2023, a group of New York lawmakers introduced the New York Biometric Privacy Act (A1362). The bill was referred to the Consumer Affairs and Protection Committee.
On January 20, 2023, Senator John Liu introduced S2390, which would prohibit private entities from using biometric data for any advertising, marketing or any other identified activities. The bill was referred to the Consumer Protection Committee.
Tennessee
Senator Campbell introduced SB 339on January 23, 2023. The bill was referred to the Senate Commerce and Labor Committee. Representative McKenzie introduced HB 932 on February 1, 2023.
Vermont
On January 26, 2023, a bipartisan group of representatives introduced H.121. The bill was referred to Committee on Commerce and Economic Development.
5. Children’s Privacy Bills
The following states are considering legislation to regulate children’s privacy. This list of bills is not intended to cover student data privacy bills. The bills are also tracked on our 2023 State Children’s Privacy Law Tracker.
Massachusetts
Representative Rogers introduced HD 2325 (An Act Relative to Internet Privacy Rights for Children).
New Jersey
Democrat Assemblyman Conaway, Jr. introduced A4919 on December 5, 2022. The bill was referred to the Assembly Science, Innovation and Technology Committee. A companion bill (S3493) was introduced by Democrat Senator Vitale on January 19, 2023, and referred to the Law and Public Safety Committee. The bill appears to be based on the California Age-Appropriate Design Code law that passed in 2022.
New Mexico
Lawmakers introduced the New Mexico Age-Appropriate Design Code Act (SB 319) on February 2, 2023.
New York
A group of lawmakers filed the New York Child Data Privacy and Protection Act (S3281) on January 30, 2023. The bill was referred to the Internet and Technology Committee.
Oregon
Democrat Senator Chris Gorsek introduced SB196. The bill was referred to the Judiciary Committee. The bill appears to be based on the California Age-Appropriate Design Code law that passed in 2022.
South Carolina
Senator Verdin introduced S404, which would prohibit operators of internet-based applications from using automated decision systems to place content on social media platforms for users under the age of 18.
Texas
Texas lawmakers are considering HB 896, which would prohibit an individual between 13 and 18 years of age from using a social media platform.
Utah
Utah lawmakers introduced SB 152 and HB 311. The Senate bill sped through committee and is currently on the Senate second reading calendar. The House bill was voted out of committee on February 3, 2023, but only after receiving significant amendments.
Virginia
Lawmakers introduced companion bills to amend the Virginia Consumer Data Protection Act (VCDPA) (HB 1688 / SB 1026). The bills would amend the VCDPA by (1) re-defining “child” to be a person under 18 years of age (and not under 13); (2) require operators to obtain parental consent prior to registering a child for their product or services; and (3) require operators to not knowingly process the personal data of a child for purposes of (i) targeted advertising, (ii) the sale of such personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.
The House bill was referred to the Committee on Communications, Technology and Innovation. The Senate bill was referred to the Committee on General Laws and Technology where it was passed by indefinitely on January 25, 2023.
West Virginia
Delegate Wayne Clark introduced HB 2460 on January 11, 2023. The bill states that it is intended to “complement the body of federal law governing online privacy protections for children” and would extend protections to children under 18. The bill was referred to the House Judiciary Committee.
Delegate Young introduced HB 2964 – the Online Privacy Protection for Children Act – on January 24, 2023. The bill was referred to the House Judiciary Committee.
6. Data Broker Bills
The following states are considering bills that would regulate data brokers:
New Jersey
Democrat Assemblyman William Moen, Jr. introduced A4811 on October 20, 2022. The bill was referred to the Assembly Science, Innovation and Technology Committee.
Oregon
HB 2052 was introduced at the request of the Attorney General’s office. The Business and Labor Committee held a public hearing on January 18, 2023. Last year lawmakers considered HB 4017.
Vermont
On January 26, 2023, a bipartisan group of representatives introduced H.121. The bill was referred to Committee on Commerce and Economic Development. The bill would amend Vermont’s existing data broker statute to add additional requirements.
7. Health Data Privacy Bills
The following states are considering bills that would create new or additional privacy protections for health data processed by private entities:
Massachusetts
Massachusetts lawmakers filed two health data privacy companion bills – SD 2118 and HD 3855.
New York
Senator Liz Krueger filed SB 158 on January 4, 2023. The bill was referred to the Senate Internet and Technology Committee.
Virginia
Lawmakers are considering companion bills HB 2219 and SB 1432. The House bill was referred to the Committee on Health, Welfare and Institutions. On January 31, 2023, a subcommittee recommended laying it on the table. The Senate bill was referred to the Committee on Education and Health. On February 2, 2023, the committee passed by the bill indefinitely.
Washington
Companion bills were filed in the House (HB 1155) and Senate (SB 5351). The House bill was referred to the Civil Rights & Judiciary Committee, which held a hearing on January 24, 2023. Amendments were accepted during an executive session on February 3, 2023. The Senate bill was referred to the Law & Justice Committee.
8. Automated Employment Decision Tools Bills
The following states are considering bills that would regulate the use of automated employment decision tools. These bills are similar to New York City Local Law 144.
New Jersey
A group of assembly members introduced A4909 on December 5, 2022. On January 19, 2023, the Assembly Labor Committee favorably reported the bill by a vote of 8-1.
An identical bill was introduced in the Senate by Senator Andrew Zwicker under bill number S1926. That bill was referred to the Senate Labor Committee.
New York
Representative Latoya Joyner introduced A567 on January 9, 2023. The bill was referred to the Labor Committee.
Vermont
Representative Priestley filed H.114 on January 26, 2023. The bill was referred to the General and Housing Committee.
9. Algorithmic Discrimination Bills
These bills would protect against algorithmic discrimination and promote transparency such as the Washington, D.C. Stop Discrimination by Algorithms Act of 2021 (B24-0558). Our focus is on bills that impact businesses, not government. No states have proposed such legislation to date.