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UPDATE: The below post discusses whether the Washington Privacy Act is still alive notwithstanding that the House failed to pass the bill prior to the April 11 deadline. In a tweet, bill sponsor Reuven Carlyle stated: “The bill remains alive through the end of the Legislative Session.”

Keypoint: This week bills in Florida and Connecticut continued to progress, the Washington Privacy Act failed to get out of the House at the deadline, and bills in Oklahoma and West Virginia died.

Below is our seventh 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.

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Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of April 12, 2021

Keypoint: It was another busy week with developments in Washington, Florida, Oklahoma, Alaska, Nevada, and Rhode Island.

For the sixth week in a row, we are providing an update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide three notes.

First, we are pleased to announce the results of our poll on whether to call Virginia’s new privacy law – the Virginia Consumer Data Protection Act – the CDPA or VCDPA. By an overwhelming 85-15% margin readers prefer VCDPA to CDPA.

Second, 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.

Third, 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.

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Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of April 5, 2021

Keypoint: There were a number of notable developments this week: the Washington Privacy Act passed out of a house committee after adding a private right of action, there was more movement on the Florida and Connecticut bills, and Nevada lawmakers introduced companion bills that would expand the state’s right to opt out of sales.

For the fifth week in a row, we are providing an update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide three reminders.

First, there has been so much debate about what to call Virginia’s new privacy law – the Virginia Consumer Data Protection Act – that we started an online poll. Tell us whether you think the law should be called the CDPA or VCPDA. We will keep voting open until April 2 and release the results on our blog.

Second, 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.

Third, 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.

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Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of March 29, 2021

Keypoint: It was another busy week with bills introduced in Colorado, New York and West Virginia, a committee hearing in New Jersey on three bills, a public hearing in Washington on the Washington Privacy Act, the Oklahoma bill was referred to the Senate Judiciary committee, one Florida bill passed out of committee, and a hearing was set on the other Florida bill.

For the fourth week in a row, we are providing an update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide three reminders.

First, there has been so much debate about what to call Virginia’s new privacy law – the Virginia Consumer Data Protection Act – that we started an online poll. Tell us whether you think the law should be called the CDPA or VCPDA. We will keep voting open until April 2 and release the results on our blog.

Second, 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.

Third, 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.

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Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of March 22, 2021

Keypoint: There were four notable developments this week: the Florida House passed a bill out of committee, lawmakers proposed a new bill in Texas, the Washington Privacy Act was  scheduled for a public hearing and committee session on March 17 and 19, respectively, and the Illinois Right to Know Act was scheduled for a March 19 hearing in the Cybersecurity, Data Analytics & IT Committee.

For the third week in a row, we are providing an update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide three reminders.

First, we hosted a webinar on Virginia’s Consumer Data Protection Act on March 11. You can access the recording here.

Second, 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.

Third, 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.

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Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of March 15, 2021

Keypoint: It was a busy week for privacy law. Since the update we provided last week Virginia’s bill was signed into law, bills in Washington and Oklahoma advanced, and Utah’s bill failed to pass before its legislative session closed.

Last week, we provided an update on the status of proposed CCPA-like privacy legislation. In that article, we noted that the contents were “time-sensitive and subject to change.” Typical to privacy law, in just a week, the landscape of these proposed laws changed dramatically. Given these changes, we decided to publish another update and, like last week, waited until a weekend when state legislatures are quiet.

Before we get to our update, we wanted to provide three reminders.

First, we will be hosting a webinar on Virginia’s Consumer Data Protection Act on March 11. You can register for the webinar here. If you are unable to attend the webinar live, you can still register, and we will email a copy of the presentation and a link to the webinar recording to you.

Second, 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.

Third, 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.

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Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of March 8, 2021

Keypoint: Although weakened from its original version, the Oklahoma bill would (if enacted) provide substantial privacy rights to Oklahoma residents and, in some respects, provide more privacy protections than found in the CCPA.

On March 4, 2021, the Oklahoma House of Representatives passed the Oklahoma Computer Data Privacy Act by a vote of 85-11 with 5 excused. The bill, which is perhaps best described as a heavily-modified version of the California Consumer Privacy Act (CCPA), will now move to the Oklahoma Senate.

The Oklahoma bill was the subject of extensive reporting last month after a prior version of the bill, which included a private right of action, passed unanimously through the House Technology Committee. However, the private right of action was deleted in a significantly modified version of the bill that was introduced earlier this week.

Yet, even with the amendments, the bill is still notable for at least three reasons: scope of applicability, consent for collection, and opt-in to sales. Below is a high-level summary of the some of the bill’s more notable provisions.

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Continue Reading Oklahoma House Passes Computer Data Privacy Act

Keypoint: CCPA-like privacy bills continue to be introduced and work their way through state legislatures.

Those who attended our recent webinar or who subscribe to this blog know that we have been closely tracking proposed CCPA-like legislation in state legislatures across the country. We also launched a 2021 State Privacy Law Tracker to keep pace with the latest developments.

Yet, even with these efforts, there still are numerous developments occurring on a near daily basis. Therefore, we decided to wait until a weekend (when state legislatures are quiet) to provide a summary of where these bills stand. Of course, the contents provided below are time-sensitive and subject to change.

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Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of March 1, 2021

Keypoint: Five states are now considering online privacy legislation.

Virginia and Oklahoma join Washington, New York and Minnesota as states where lawmakers have proposed online privacy legislation this year. It is expected that lawmakers in other states will propose similar legislation in the coming weeks. As discussed in our prior posts, the fact the legislation has been proposed is not indicative of whether it has any chance of becoming law. Since lawmakers passed the California Consumer Privacy Act (CCPA) in 2018 numerous states have considered similar bills, but none of them has become law. That said, presumably one day another state (or more) will join California in passing such legislation.

Below is a brief summary of the two bills. To the extent that the bills appear poised for advancement we will provide a more detailed analysis.

In addition, on February 17, 2021, members of Husch Blackwell’s privacy and data security practice group will host a webinar to discuss all of the CCPA-like privacy bills proposed across the country. To register click here.

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Continue Reading Privacy Legislation Proposed in Virginia and Oklahoma