Keypoint: As of May 7, 2022, New York employers that monitor or intercept employee emails, internet usage, or telephone communications must provide written notice to those employees.

On May 7, 2022, an amendment to the New York Civil Rights Act goes into effect that requires private employers with places of business anywhere in the state to provide employees a written notice if the employer monitors or intercepts employee emails, internet access or usage, or telephone conversations. The written notice must communicate that “any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system . . . may be subject to monitoring at any and all times by any lawful means.”

Continue Reading New York Employee Monitoring Law Goes Into Effect May 7, 2022

In the thirteenth episode of our Legislating Data Privacy podcast series, we talk with Kentucky Republican Senator Whitney Westerfield.

Senator Westerfield is the author of Senate Bill 15, which would have granted Kentucky residents various privacy rights regarding their personal data. Senator Westerfield’s bill was, in many respects, stronger than other bills proposed in 2022, drawing inspiration from GDPR and containing a private right of action.

In this episode, Senator Westerfield discusses SB 15’s interesting path during the 2022 legislative session and his goals for the bill in the 2023 session. Kentucky will be a state to watch in 2023.

Click here to listen to the full interview.

On April 28, 2022, the Connecticut legislature passed Senate Bill 6 – what we are calling the Connecticut Data Privacy Act (CTDPA). Once signed by the Governor, Connecticut will become the fifth state—after California, Virginia, Colorado and Utah—to enact broad consumer data privacy legislation. The CTDPA is a strong consumer-oriented data privacy bill that is similar to the Colorado Privacy Act but also contains provisions drawn from the California Privacy Rights Act.

On May 5, 2022, members of Husch Blackwell’s data privacy team will host a webinar to analyze the CTDPA and how it compares to laws in California, Virginia, Colorado and Utah. During the webinar, we will:

  • Identify the scope of the law and the businesses it will affect
  • Analyze the exemptions and exceptions, such as the Gramm-Leach-Bliley Act carve-out
  • Discuss relevant definitions such as “sale” and “consent”
  • Review the rights provided to Connecticut residents
  • Compare the CTDPA to the California Privacy Rights Act, Virginia Consumer Data Protection Act, Colorado Privacy Act and Utah Consumer Privacy Act

Click here for more information and to register.

Keypoint: This week the Connecticut legislature passed a consumer data privacy bill.

Below is our sixteenth weekly update on the status of proposed state privacy legislation in 2022. Before we get to our update, we wanted to provide two reminders.

First, we regularly update our 2022 State Privacy Law Tracker to keep pace with the latest developments with CCPA-like privacy bills. 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. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Continue Reading Proposed State Privacy Law Update: May 2, 2022

Keypoint: Subject to the Governor’s approval, Connecticut will become the fifth state to pass a broad consumer privacy act with a bill that is comparable to the Colorado Privacy Act.

On April 28, 2022, the Connecticut legislature passed what we are calling the Connecticut Data Privacy Act (CTDPA) (SB 6). Subject to the Governor’s approval, Connecticut will join California, Virginia, Colorado, and Utah as states having passed broad consumer privacy bills.

Husch Blackwell’s data privacy team will present a webinar on the CTDPA on May 5, 2022, at 1:00 p.m. eastern / 10:00 a.m. pacific. The webinar will provide a deep dive analysis into the CTDPA and how it compares with the laws in California, Colorado, Utah, and Virginia. To register click here.

Below are high level takeaways about the CTDPA along with context of how the CTDPA compares with other state laws.

Continue Reading Connecticut Legislature Passes Consumer Privacy Act

Keypoint: This week the Connecticut Senate passed a consumer data privacy bill.

Below is our fifteenth weekly update on the status of proposed state privacy legislation in 2022. Before we get to our update, we wanted to provide two reminders.

First, we regularly update our 2022 State Privacy Law Tracker to keep pace with the latest developments with CCPA-like privacy bills. 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. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Continue Reading Proposed State Privacy Law Update: April 25, 2022

Keypoint: Connecticut moves one step closer to enacting consumer data privacy legislation with a bill generally modeled on the Colorado Privacy Act.

On April 20, 2022, the Connecticut Senate voted unanimously (35-0 with 1 abstention) to pass Senator Maroney’s SB6. The bill is generally modeled on the Colorado Privacy Act (CPA) with some differences such as providing for greater children’s data privacy rights than found in the CPA.

The bill now moves to the House floor. It will not go through a committee process in the House because Connecticut uses joint committees. The Connecticut legislature adjourns May 4, 2022.

Keypoint: This week a new bill was introduced in Michigan; the Connecticut bill passed a second committee; Maryland and Kentucky legislatures adjourned without passing bills; Virginia Governor Youngkin signed three VCDPA amendment bills into law; Maine’s House passed a biometric privacy bill; and Delaware lawmakers advanced a data broker bill.

Below is our fourteenth weekly update on the status of proposed state privacy legislation in 2022. Before we get to our update, we wanted to provide two reminders.

First, we regularly update our 2022 State Privacy Law Tracker to keep pace with the latest developments with CCPA-like privacy bills. 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. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Continue Reading Proposed State Privacy Law Update: April 18, 2022

Keypoint: The VCDPA is now finalized in advance of its January 1, 2023 effective date.

On April 11, 2022, Virginia Governor Glenn Youngkin signed three Virginia Consumer Data Protection Act (VCDPA) amendment bills into law. The three bills will go into effect July 1, 2022. With the signing of the bills, the VCDPA’s text is now finalized in advance of its January 1, 2023 effective date.

As discussed more fully below, the bills (1) add a new exemption to the VCDPA’s right to delete, (2) repeal the Consumer Privacy Fund provision and, instead, direct penalties, expenses and attorney fees recovered enforcing the VCDPA to a different fund; and (3) modify the VCDPA’s definition of nonprofit.

Continue Reading Virginia Governor Signs VCDPA Amendment Bills into Law

Keypoint: This week a new bill was introduced in Louisiana; the Maryland work group bill received an unfavorable committee report; the Connecticut bill was referred to a second committee; and California’s biometric privacy bill was voted out of one committee.

Below is our thirteenth weekly update on the status of proposed state privacy legislation in 2022. Before we get to our update, we wanted to provide two reminders.

First, we regularly update our 2022 State Privacy Law Tracker to keep pace with the latest developments with CCPA-like privacy bills. 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. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Continue Reading Proposed State Privacy Law Update: April 11, 2022