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David is leader of Husch Blackwell's privacy and cybersecurity practice group. He routinely counsels clients on responding to data breaches, complying with privacy laws such as GDPR and the California Consumer Privacy Act, and complying with information security statutes. He also represents clients in data security-related litigation. David is certified by the International Association of Privacy Professionals as a Privacy Law Specialist, Certified Information Privacy Professional (US), Certified Information Privacy Technologist, and Fellow of Information Privacy.

In the fifteenth episode of our Legislating Data Privacy podcast series, we are joined – for the second time – by Connecticut Senator James Maroney.

Senator Maroney is the author of the Connecticut Data Privacy Act – the nation’s fifth broad consumer privacy law. In this episode, Senator Maroney discusses how he navigated passing the

Keypoint: A revised version of the American Data Privacy and Protection Act was formally introduced in the House and voted out of a subcommittee.

As we previously reported, on June 3, 2022, a bipartisan and bicameral group of lawmakers released a discussion draft of a comprehensive data privacy bill called the American Data Privacy and Protection Act (ADPPA). Representatives Frank Pallone Jr. (D-N.J.), Cathy McMorris Rodgers (R-Wash.), and Senator Roger Wicker (R-Miss.) all supported the discussion draft although it lacked the key support of Senator Maria Cantwell (D-Wash.).

On June 21, 2022, lawmakers formally introduced the ADPPA as H.R. 8152. On June 23, 2022, the Subcommittee on Consumer Protection and Commerce of the House Committee on Energy and Commerce held an open mark up session on the ADPPA and seven other bills. During the mark up session, the subcommittee ordered and favorably reported the bill, as amended by a substitute, to the full committee.

In the below post, we analyze some of the key changes between the discussion draft and current version of the ADPPA, briefly recap the mark up session, and discuss the bill’s path forward.

Continue Reading Federal Privacy Bill Voted Out of House Subcommittee

Keypoint: The comments focus on identifying areas in which the Attorney General’s Office may provide additional clarity to consumers and businesses and to ensure, where appropriate, the interoperability of the Colorado Privacy Act with state and international privacy laws.

The Colorado Attorney General’s Office is currently accepting pre-rulemaking input on the Colorado Privacy Act (CPA). It also will host public listening sessions on June 22  and June 28 for those interested in providing oral comments.

Given the importance of these forthcoming regulations to the development of U.S. privacy law, members of Husch Blackwell’s data privacy practice submitted extensive comments to the Office. The purpose of the comments is to identify areas in which the Office may provide additional clarity to consumers and businesses and to ensure, where appropriate, the interoperability of the CPA with other state privacy laws enacted in California, Connecticut, Utah, and Virginia and international privacy laws such as GDPR.

Continue Reading Husch Blackwell Submits Comments on Colorado Privacy Act Pre-Rulemaking

Keypoint: The chances for the United States to finally enact a federal privacy bill appear to have increased with the circulation of a bipartisan discussion draft although its chances for passage are far from clear.

On Friday, June 3, House and Senate leaders released a bipartisan discussion draft of a comprehensive data privacy bill called the American Data Privacy and Protection Act (ADPPA). Although there have been many federal privacy bills introduced in the past, this discussion draft is gaining widespread attention because of its timing, bipartisan support, and the fact that it reaches compromise positions on state law preemption and enforcement (the two primary obstacles for passing a federal privacy law).

In the below article, we first discuss the background of the discussion draft, including its chances for passage. We then provide a list of high-level takeaways.

Continue Reading Bipartisan U.S. Federal Privacy Bill Circulated

Keypoint: The California Privacy Protection Agency issued a first set of draft regulations that contain a number of notable provisions but do not address all of the CPRA’s rulemaking topics.

On Friday, May 27, 2022, the California Privacy Protection Agency (CPPA or Agency) issued draft regulations in connection with a Board meeting scheduled for June 8, 2022.

In the below post, we provide high-level takeaways from the draft regulations, discuss the rulemaking timeframe, and provide a summary of some of the more notable provisions.

Continue Reading CPRA Draft Regulations Issued

Keypoint: This week the Connecticut Data Privacy Act was signed by the Governor, making Connecticut the fifth state to pass consumer data privacy legislation.

Below is our eighteenth – and final – weekly update on the status of proposed state privacy legislation in 2022. With the legislatures in many states now adjourned for the year, we are concluding our weekly updates.

That said, as discussed below, there are still a handful of bills pending in states such as Delaware, Louisiana, Pennsylvania, and California. We will continue tracking those bills through posts on LinkedIn and Twitter. Please consider friending or following to stay up to date.

Continue Reading Proposed State Privacy Law Update: May 16, 2022

In the fourteenth episode of our Legislating Data Privacy podcast series, we talk with Colorado Attorney General Phil Weiser.

Over the next year, the Colorado Attorney General’s office will play a significant role in the development of state privacy law through Colorado Privacy Act (CPA) rulemaking.

Continue Reading Legislating Data Privacy Series: A Conversation with Colorado Attorney General Phil Weiser

State Privacy Law UpdateKeypoint: This week the Delaware House passed a data broker bill, the Connecticut Data Privacy Act was sent to the Governor, Louisiana scheduled a hearing on its bill, and the Hawaii legislature closed without passing a bill.

Below is our seventeenth weekly update on the status of proposed state privacy legislation in 2022. Before we get to our update, we wanted to provide two reminders.

First, we regularly update our 2022 State Privacy Law Tracker to keep pace with the latest developments with CCPA-like privacy bills. We encourage you to bookmark the page 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.

Continue Reading Proposed State Privacy Law Update: May 9, 2022

In the thirteenth episode of our Legislating Data Privacy podcast series, we talk with Kentucky Republican Senator Whitney Westerfield.

Senator Westerfield is the author of Senate Bill 15, which would have granted Kentucky residents various privacy rights regarding their personal data. Senator Westerfield’s bill was, in many respects, stronger than other bills proposed

Keypoint: This week the Connecticut legislature passed a consumer data privacy bill.

Below is our sixteenth weekly update on the status of proposed state privacy legislation in 2022. Before we get to our update, we wanted to provide two reminders.

First, we regularly update our 2022 State Privacy Law Tracker to keep pace with the latest developments with CCPA-like privacy bills. We encourage you to bookmark the page 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.

Continue Reading Proposed State Privacy Law Update: May 2, 2022