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.


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

On February 19, 2012, the Virginia House of Delegates voted overwhelmingly to pass the Virginia Consumer Data Protection Act (CDPA). The Senate previously voted in favor of passing the legislation. The General Assembly had been considering the CDPA in a special session after both chambers passed companion bills during the regular session. The Senate and

Keypoint: Virginia moves closer to enacting consumer privacy legislation.

On January 29, 2021, the Virginia House of Delegates passed HB2307, the Virginia Consumer Data Protection Act (Act) in an 89 to 9 vote. The Act now sits with the Senate Committee on General Laws and Technology. A companion bill, SB 1392, already passed the Senate Committee on General Laws and Technology on January 27, 2021.

According to the Virginia General Assembly Session Calendar, Friday, February 5 is the deadline for each house to complete work on its own legislation, except for the budget bill. The Assembly will adjourn on February 11.

Below is a brief overview of the Act. In addition, on February 17, members of Husch Blackwell’s Data Privacy & Cybersecurity team will host a webinar to discuss all of the CCPA-like privacy bills proposed across the country. To register, click here.

Many thanks to Amy Miller, Senior Reporter, Privacy and Data Security at MLEX Market Insight for alerting us to this development.


Continue Reading Virginia House Passes Consumer Data Protection Act

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.


Continue Reading Privacy Legislation Proposed in Virginia and Oklahoma

Conceptual image about how a laptop computer with internet open a virtual door to worldwide information sharing.Keypoint: The Virginia Privacy Act would create CCPA-like rights for Virginia residents while the Sale of Personal Data Act would create rights vis-à-vis “data sellers.”

Lawmakers in Virginia have proposed two bills that, if enacted, would create a number of privacy rights for Virginia residents and compliance burdens for covered entities.

The first bill – the Virginia Privacy Act (HB 473) – was prefiled on January 3, 2020, and offered on January 8, 2020. It would create CCPA-like rights for Virginia residents and new obligations on businesses such as a requirement to conduct risk assessments.

The second bill – which is unnamed but for our purposes will be referred to as the Sale of Personal Data Act (SB 641) – was prefiled on January 7, 2020, and offered on January 8, 2020. Among other things, it would require data sellers to implement reasonable security measures to protect personal data, respond to certain types of privacy requests, and notify Virginia residents of data breaches.

In addition to Virginia, lawmakers have proposed consumer privacy legislation in Florida, Illinois, Washington state, Nebraska, New Jersey, New Hampshire, and Hawaii. Members of Husch Blackwell’s privacy and data security practice group will be hosting a webinar on February 4 at noon CST to discuss these proposed laws and to provide an update on the CCPA. To register, click here.

Below is our analysis of Virginia’s proposed legislation (as introduced). We will first analyze the Virginia Privacy Act and then separately analyze the Sale of Personal Data Act.


Continue Reading Analyzing the 2020 Virginia Privacy Act and Sale of Personal Data Act