Keypoint: Last week, the Colorado legislature passed a bill amending the Colorado Privacy Act to add provisions regarding biometric data and the California legislature advanced numerous bills.
Below is the fourteenth weekly update on the status of proposed state privacy legislation in 2024.
Keypoint: Since our last update, the Connecticut Senate passed an algorithmic discrimination bill, an algorithmic discrimination bill was introduced in Colorado and passed the Colorado Senate Judiciary Committee, and an algorithmic discrimination bill passed out of a California committee.
Below is our fourth update on the status of pending US artificial intelligence (AI) legislation that would affect the private sector.
Keypoint: Last week, the Nebraska Governor signed the Nebraska Data Privacy Act into law, the Maine legislature closed without passing a consumer data privacy bill, Colorado’s biological/neural data bill was signed into law, and there were developments with bills in California, Virginia, Minnesota, Vermont, Wisconsin and Iowa.
Below is the thirteenth weekly update on the status of proposed state privacy legislation in 2024.
In early April, the Maryland legislature passed the Maryland Age-Appropriate Design Code Act (SB 571 / HB 603). In this fifteen minute webinar, HB privacy attorney Shelby Dolen provides an overview of the Maryland bill and how it will impacts covered entities. The webinar is available exclusively to HB privacy clients through Byte
With its unique provisions and requirements, the Maryland Online Data Privacy Act (MODPA) adds a new dimension to state privacy law that will create additional compliance burdens for covered entities. HB privacy partner David Stauss unpacks and explains MODPA in a twenty-five minute on-demand webinar available exclusively to HB privacy clients through Byte Back+.
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Keypoint: Last week, the Nebraska legislature passed a consumer data privacy bill.
Below is the twelfth weekly update on the status of proposed state privacy legislation in 2024.
Keypoint: Nebraska is the seventeenth state legislature to pass consumer data privacy legislation with a bill that largely tracks the Texas Data Privacy and Security Act.
On April 11, 2024, the Nebraska legislature passed the Nebraska Data Privacy Act (LB 1074). We have been tracking the bill since it was first introduced under LB 1294. That bill never advanced out of committee; however, it was added to LB 1074 in late March as part of a larger multi-subject 139 page bill. The bill unanimously passed Nebraska’s unicameral legislature on April 11. It now heads to Nebraska Governor Jim Pillen. Assuming the bill becomes law, Nebraska will become either the sixteenth or seventeenth state to enact consumer data privacy legislation, depending on whether Maryland’s bill, which passed the Maryland legislature last Saturday, is enacted first.
The Nebraska bill largely tracks the Texas Data Privacy and Security Act, but with some differences we identify below. As with prior bills, we have added the Nebraska bill to our chart providing a detailed comparison of laws enacted to date. We also have added Nebraska to our sensitive data comparison chart.
Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations more important.
In July 2023, a Southern District of California District Court denied a motion to dismiss in Greenley v. Kochava, 2023 WL 4833466 (S.D. Cal. July 27, 2023), in which the plaintiff argued a SDK developer violated California laws that prohibited use of a “pen registry” and “tap and trace” device by building into the SDK code that forwarded location information to the SDK developer.
Keypoint: Maryland’s bill diverges from other Washington Privacy Act variants passed to date with unique data minimization, sensitive data, minor’s data privacy, and unlawful discrimination provisions (among others).
On April 6, 2024, the Maryland legislature passed the Maryland Online Data Privacy Act of 2024 (MODPA) (SB 541). A companion House bill (HB 567) also appears likely to pass before the legislature closes on April 8. Subject to the procedural formalities in the legislature, the bills will next head to Maryland Governor Wes Moore for consideration.
Assuming MODPA becomes law, Maryland will become the sixteenth state to pass broad consumer data privacy legislation. However, Maryland will be the first state to pass a Washington Privacy Act variant that contains unique provisions regarding data minimization, sensitive data, minor’s data privacy, and unlawful discrimination – among other provisions. In doing so, Maryland injects a new wrinkle into the state privacy law debate much like Washington did with last year’s My Health My Data Act. MODPA also contains a low threshold for applicability such that even smaller companies may need to comply with its provisions.
The below article analyzes MODPA’s contours, including some of its more notable provisions and deviations. We also have added MODPA to our chart providing a detailed comparison of the laws enacted to date. It should be noted that – as of the date of this article – the bills available on the legislature’s website have not yet been updated to reflect the final amendments although we have included those amendments in our analysis.
The Maryland legislature also passed Age-Appropriate Design Code Act companion bills (SB 571 / HB 603). We will provide a separate article analyzing those bills.
Keypoint: Last week, the Maryland legislature passed consumer data privacy and Age-Appropriate Design Code Act bills, the Kentucky Governor signed HB 15 into law, three bills advanced out of a California Assembly Committee, and there was movement with bills in Minnesota, Vermont, Louisiana, Illinois and Colorado.
Below is the eleventh weekly update on the status of proposed state privacy legislation in 2024.