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.

Keypoint: As introduced, the Ohio Personal Privacy Act would provide Ohio residents with some rights regarding their personal data, but it is not as extensive as the CPRA, CPA, and VCDPA.

As first reported by the IAPP’s Joe Duball, on July 13, 2021, Ohio lawmakers introduced the Ohio Personal Privacy Act (House Bill 376).

The bill’s primary sponsors are Republicans Rick Carfagna and Thomas Hall. The bill also has eight Republican co-sponsors in the House. For reference, Republicans have overwhelming majorities in Ohio’s House and Senate, and Ohio has a Republican Governor. In announcing the introduction of the bill, Kirk Herath, Chairman of CyberOhio, emphasized the large group of individuals involved in crafting the bill, including Ohio Lt. Governor Jon Husted. Ohio’s legislature closes in December.

Below is an analysis of the bill (as introduced).

In the third episode of our Legislating Data Privacy series, we talk with Washington Representative Shelley Kloba.

If you follow proposed state privacy legislation, you know that Washington state is at its epicenter. For the past three years, the Washington legislature has considered – but failed to pass – the Washington Privacy Act. Representative Kloba…

In the second podcast of our Legislating Data Privacy series, we talk with Minnesota Representative Steve Elkins.

Representative Elkins is the co-author of HF 1492, the Minnesota Consumer Data Privacy Act.

In this wide-ranging interview, Representative Elkins discusses what happened with HF 1492 during the 2021 legislative session, his plan for reintroducing the bill…

Keypoint: Our legislating data privacy podcast series kicks off with an in-depth conversation with Representative Collin Walke of Oklahoma.

As readers of this blog know, the emergence of broad state consumer privacy legislation has been one of the dominant stories in privacy law since at least June 2018 when California lawmakers passed the California Consumer…

Keypoint: This week the Colorado legislature passed the Colorado Privacy Act.

Below is our sixteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we need to make a few announcements.

This will be our last weekly update – for now. With the legislatures in so many states having adjourned for the year and the bills in the remaining states not moving forward, we will be pausing our weekly updates. Rest assured, we will be back when things heat up again.

Even though we are pausing our weekly updates, we are not slowing down our work on state consumer privacy legislation.

On June 15, we will be hosting a webinar on the Colorado Privacy Act. Click here to register.

Starting Monday, June 21, we will be releasing a limited podcast series with interviews of state lawmakers who spearheaded privacy legislation in 2021. If you want to know the inside story on how these bills are drafted and lobbied, you will not want to miss these interviews.

Finally, if you are not already subscribed to our blog, consider doing so to stay updated.

Keypoint: The bill will now return to the Senate to accept or reject the House amendments.

On the night of June 7, 2021, the Colorado House voted 57-7 to pass the Colorado Privacy Act (CPA). As we previously reported, the Colorado Senate unanimously passed the CPA on May 26. Because the House amended the Senate version of the CPA, the bill will now return to the Senate for it to accept the amendments, reject the amendments, or reject the amendments and ask for a conference committee.

Keypoint: This week the Colorado legislature continued to advance the Colorado Privacy Act, and the Nevada Governor signed into law a bill that will broaden the state’s pre-existing right to opt out of sales as of October 1, 2021.

Below is our fifteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. 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.

Keypoint: Companies using the previous standard contractual clauses will have eighteen months to transition to the new documents.

Today, the European Commission announced that it has adopted “two sets of standard contractual clauses, one for use between controllers and processors and one for the transfer of personal data to third countries.” The new SCCs take into account new requirements under the General Data Protection Regulation as well as the Court of Justice’s Schrems II opinion.