Last week the Iowa Governor signed the Iowa Privacy Act into law, social media bills were voted out of the Arkansas Senate and a New Jersey Assembly committee, an amended version of Florida’s consumer privacy bill advanced out of a subcommittee, and Connecticut’s health and children’s privacy bill was voted out of a committee.

Below is the twelfth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages 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.

Keypoint: The Office of Administrative Law’s approval of the CCPA regulations ends a months-long rulemaking process that began in September 2021.

On March 30, 2023, the California Privacy Protection Agency (Agency) announced that the California Office of Administrative Law (OAL) approved the Agency’s first substantive CCPA rulemaking package. The approved regulations, which are immediately effective, can be enforced beginning July 1, 2023.

In the nineteenth episode of our Legislating Data Privacy podcast series, we talk with Texas Representative Giovanni Capriglione.

Representative Capriglione is the primary author of the Texas Data Privacy and Security Act (House Bill 4). During this interview, Representative Capriglione discusses the background of drafting the bill, the bill’s provisions (including its unique…

Keypoint: Last week the Maryland House passed a children’s privacy bill, the Utah Governor signed two social media bills, the Washington My Health My Data Act continued to progress, and committees in Texas and Tennessee advanced consumer privacy bills.

Below is the eleventh weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages 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.

The Colorado Attorney General’s Office announced that it filed final Colorado Privacy Act (CPA) rules with the Colorado Secretary of State’s Office. The rules will go into effect July 1, 2023, the same date the CPA goes into effect. The rules contain a complex and lengthy set of requirements that controllers will need to carefully…

Keypoint: Last week Iowa’s legislature passed a consumer privacy bill, and the Kentucky Senate passed a consumer privacy bill.

Below is the tenth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages 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.

Keypoint: The Southern District of New York dismissed a VPPA claim after finding use of the Meta Pixel does not violate the VPPA when used to transmit information about a visitor’s general activity on a webpage, even where that webpage also hosts video.

In June 2022, a plaintiff filed a complaint in the Southern District of New York that alleged the defendants violated the Video Privacy Protection Act (“VPPA”) by using the Meta Pixel. More than eight months later, the court dismissed the complaint after finding the plaintiff failed to state a claim for relief under the VPPA. Taking all the plaintiff’s allegations as true, the court nevertheless found a website that used the Meta Pixel to send information to Meta when a website visitor visited a webpage that contained both video and non-video content did not violate the VPPA.

Keypoint: Pending the governor’s signature, Iowa will become the sixth state to pass consumer data privacy legislation.

On March 15, 2023, the Iowa House voted 97-0 to pass SF 262. The bill previously passed the Senate by a vote of 47-0. The bill was procedurally messaged back to the Senate. Pending any remaining procedural hurdles and the governor’s signature, Iowa will become the sixth state to pass consumer data privacy legislation with a bill that rivals Utah as the most business-friendly legislation passed to date.

In the below post, we provide a comparison of the Iowa bill to the five existing state privacy laws. You also can access a PDF of the comparison charts here. In addition, Keir Lamont and Mercedes Subhani from the Future of Privacy Forum prepared a very useful chart comparing the Iowa bill to the Connecticut Data Privacy Act.

Keypoint: In the aftermath of the Supreme Court’s Dobbs decision, Washington legislators introduced legislation to enhance privacy protections for consumer health data.

In early March, lawmakers in Washington state’s House passed an amended version of the My Health My Data Act (HB 1155). The Act seeks to implement sweeping changes to how companies treat the consumer health data of Washington residents. The Act is supported by the Attorney General’s office and was filed in response to the United States Supreme Court’s Dobbs decision overturning Roe v. Wade. The Act is currently scheduled for a March 14 public hearing in the Senate Committee on Law & Justice.

In the below post, we provide a brief summary of the Act as it passed the House on March 4. The Act underwent significant amendments prior to passing the House and could undergo further amendments in the Senate. Consequently, this post is intended only to provide a point-in-time analysis.

Keypoint: Last week chambers in Hawaii, Iowa, and Oklahoma passed consumer privacy bills.

Below is the ninth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages 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.