Photo of David Stauss [Former Attorney]

David Stauss [Former Attorney]

 

Formerly with Husch Blackwell, David routinely counseled clients on complying with privacy laws such as the EU's General Data Protection Regulation, the California Consumer Privacy Act, the Colorado Privacy Act, and other state privacy laws.

In the tenth episode of our Legislating Data Privacy podcast series, we talk with Maureen Mahoney, Senior Policy Analyst at Consumer Reports – a leading consumer privacy advocate. Maureen’s areas of focus include state data privacy, security, and data breach notification legislation; state right to repair legislation; and robocalls policy. Maureen is ubiquitous on…

2022-Data-Privacy-State-Privacy-Update

Keypoint: 2022 is off to a fast start with proposed state privacy laws filed in Alaska, Florida, Indiana, Kentucky, New Jersey, Pennsylvania and Vermont, joining the long list of bills already filed.

Welcome back! This is our first weekly update on the status of proposed CCPA-like state privacy laws in 2022. Last year, we provided sixteen weekly updates, culminating with the passage of the Colorado Privacy Act. We will bring you the same coverage in 2022 with weekly updates in your inbox every Monday morning for subscribers. Before we get to our first update, we wanted to provide three reminders.

Keypoint: Virginia lawmakers will consider multiple amendments to the Virginia Consumer Data Protection Act in advance of its January 1, 2023 effective date.

As the legislature opened on January 12, Virginia lawmakers proposed seven bills to amend the Virginia Consumer Data Protection Act (VCDPA). The bills come after the VCDPA Work Group held six meetings from June to August 2021 and issued a Final Report on November 1, 2021 (see our summary of the report here).

The bills seek to amend the VCDPA’s right to delete, nonprofit definition, and enforcement provisions. The Work Group’s Final Report identified many other topics for potential amendments. It remains to be seen whether other amendments will be offered as the legislative session advances. The Virginia legislature is scheduled to close on March 12, 2022 unless the session is extended.

Below is a summary of the bills.

Keypoint: Lawmakers introduced new bills in Florida, Washington, Indiana and the District of Columbia.

The list of jurisdictions considering consumer data privacy bills in 2022 continues to grow with lawmakers introducing new bills in Florida, Washington, Indiana, and the District of Columbia.

In Florida, Senator Jennifer Bradley filed the Florida Privacy Protection Act (SB 1864) on January 7, 2022. Senator Bradley sponsored SB 1734 last year. It is expected that Representative McFarland will introduce a bill in the Florida House in the coming days.

Which States Will Consider CCPA-Like Consumer Privacy Bills in 2022?Keypoint: At least fifteen state legislatures are poised to consider CCPA-like consumer privacy legislation in 2022 with lawmakers in Arizona, Connecticut, Florida, Minnesota, Mississippi, and Washington confirming they will be introducing bills, a bill already being pre-filed in Maryland, and eight states with bills that will carry over from the 2021 session.

The continuing emergence of proposed state privacy laws will be a dominant story for privacy professionals in 2022.

In 2021, lawmakers in twenty-seven states proposed CCPA-like privacy legislation. We tracked these bills through our weekly updates, State Privacy Law Tracker, and Legislating Data Privacy podcast series.

This year, we contacted lawmakers who proposed bills in 2021 and asked them to share their plans for 2022. We received many responses, which we chronicle below along with updates on bills that we have been tracking over the summer and fall. Of particular note, Representatives Shelley Kloba (Washington), Steve Elkins (Minnesota), and Collin Walke (Oklahoma) provided extensive comments on their 2022 proposals.

Keypoint: As we break for the holidays, we wanted to wish you and your families happiness and health, and leave you with an attempt at some privacy holiday humor. We look forward to bringing you more privacy news and analysis in 2022.

A Privacy Christmas Story

‘Twas the night before Christmas as I toiled away,

Counting the minutes until Christmas day,

When all of a sudden from out of the blue,

I received a meeting invite from Santa that’s who,

You see Santa’s been watching as all over the globe,

Countries (except the US) have enacted privacy codes,

Santa, he said, would like to comply,

So he asked if I could give it a try,

[After clearing conflicts, receiving a retainer and entering into an engagement letter …..]

Keypoint: The EDPB takes the position that geographical boundaries – and not GDPR’s jurisdictional reach – govern the restricted transfer determination.

On November 19, 2021, the European Data Protection Board (EDPB) published draft guidelines on the interplay between the application of GDPR Article 3 and its provisions on international transfers in Chapter V.

The draft guidelines answer the question of whether a transfer of personal data occurs when the data leaves GDPR’s jurisdictional scope or when it leaves the European Union’s geographic scope. The draft guidelines also provide three criteria and a number of illustrative examples to guide controllers and processors to identify restricted transfers.

Restricted transfers are of heightened focus in light of the Court of Justice of the European Union’s decision in Schrems II, the European Commission’s issuance of new standard contractual clauses, and the EDPB’s recommendations on supplementary measures for cross-border data transfers. The guidelines – once finalized – will provide entities with further guidance on how to navigate this complex legal issue.

The draft guidelines will be open to public comment until the end of January.

Below is a summary.

In the ninth episode of our Legislating Data Privacy series, we continue our conversation with Colorado Senator Robert Rodriguez.

In July 2021, Colorado became the third state to pass broad consumer privacy legislation – the Colorado Privacy Act. Senator Rodriguez was the primary architect of the bill and spearheaded its passage.

In this two-part…

In the eighth episode of our Legislating Data Privacy series, we talk with Colorado Senator Robert Rodriguez.

In July 2021, Colorado became the third state to pass broad consumer privacy legislation – the Colorado Privacy Act. Senator Rodriguez was the primary architect of the bill and spearheaded its passage.

In this two-part conversation, Senator…