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