State privacy legislation

For the second year in a row, we are releasing our State Biometric Privacy Law Tracker. The tracker, which compliments our State Privacy Law Tracker and State Children’s Privacy Law Tracker, identifies the states that are considering biometric privacy legislation and provides helpful links to the bills. Bookmark the page and use it

Keypoint: The 2024 state legislative session picks up where the 2023 session left off with lawmakers already pursuing consumer, children’s, biometric, and consumer health data privacy bills as well as data broker bills.

We are back for our fifth year of tracking proposed state privacy legislation and fourth year of providing weekly updates. As in past years, we will track proposed consumer data privacy legislation through our weekly updates and State Privacy Law Tracker map. We also already released our State Children’s Privacy Law Tracker map and summary of the status of proposed bills.

Last year, we also tracked proposed biometric, consumer health, data broker, algorithmic discrimination, and automated employment decision tools bills. This year, we will continue to track all of those bills but we are changing our format to bring you even more useful information. Here’s what is changing:

First, instead of providing historical information in a long blog post, we will provide the same information on bill tracking charts. This will hopefully streamline and consolidate the information into a more digestible format.

Second, in the coming weeks, we will make available expanded bill tracking charts to clients through a new client portal. Stay tuned for more information.

Finally, with the rapidly expanding number of algorithmic discrimination bills being filed, we are creating a separate update email to track those bills as well as other AI-related bills and regulations. We also will provide a new tracker map for certain types of AI bills.

We hope that these alerts and maps combined with our monthly privacy litigation updates will provide you with the best all-around coverage of emerging US privacy law.

Now to our first weekly update. As always, 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: 2024 will again see numerous developments in children’s privacy law.

As the 2024 state legislative season begins, it’s clear that lawmakers are again focused on children’s privacy. For the past few years, lawmakers have introduced different children’s privacy models, on both the federal and state level. However, regulating this specific area of law has its own set of challenges. We are releasing our 2024 State Children’s Privacy Law Tracker, which identifies enacted legislation and states considering legislation. Bookmark the page and use it as a resource.

For an update on children’s state privacy law, see below where we outline recent developments, children’s privacy laws that go into effect in 2024, and proposed laws this legislative session.

Keypoint: Privacy professionals will have their hands full with compliance deadlines over the next year.

Over the past few years, states have enacted numerous privacy laws, including broad consumer data privacy laws, children’s privacy laws, consumer health data privacy laws, and data broker laws. The enactment of so many privacy laws in such a short period of time has created an avalanche of compliance deadlines for businesses. In the below article, we identify the upcoming deadlines for this year (January 2024 through January 2025). We also provide a brief background on the various laws and, where available, links to our prior posts on each. We also have provided a chart identifying the deadlines.

In addition to the deadlines identified below, businesses subject to the California Consumer Privacy Act (CCPA) should keep in mind that CCPA § 1798.130(5) requires businesses to update their privacy policies “at least once every twelve months” and CCPA Regulation § 7011(e)(4) requires businesses to state when their privacy policy was last updated. Businesses should update their privacy policies to comply with this annual requirement.

Keypoint: Our final weekly update of the 2023 legislative session provides a recap of bills that are still alive.

Below is the twenty-third – and final – weekly update on the status of proposed state privacy legislation in 2023. With the legislatures in many states now adjourned for the year, we are concluding our weekly updates. However, as discussed below, there are still a handful of bills pending. We will continue tracking those bills and provide updates on an as-needed basis.