In the eighteenth episode of our Legislating Data Privacy podcast series, we talk with California Assemblymember Buffy Wicks.

In 2022, Assemblymember Wicks was the primary author of the California Age-Appropriate Design Code Act (AB-2273), a first-in-the-nation law based on the United Kingdom’s Age-Appropriate Design Code. This year, seven other states are currently considering

Keypoint: In the wake of a recent California decision that allowed claims alleging use of chat functionality on website violated California wiretapping laws, three California district courts have dismissed nearly identical claims causing a split in Central District of California courts.

Following a February decision that allowed a complaint that alleged a website operator’s use of a customer support chat feature violated California wiretapping laws to proceed past the pleading stage, three California district courts have since dismissed nearly identical claims. The result leaves companies who may find themselves named as defendants in these lawsuits uncertain whether they will be able to escape litigation at the less costly motion to dismiss stage. In the below post, we analyze these decisions and their impact on future litigation over these claims.

Keypoint: Last week the Utah legislature passed two bills targeted at social media companies’ interaction with individuals under the age of 18, the Montana Senate passed a consumer privacy bill, and the Washington House passed the My Health My Data Act.

Below is the eighth 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: After a January hearing, New York City continues to consider comments to a new law regulating employers’ use of automated employment decision tools, with enforcement to begin “in the coming months.”

New York City moves closer to implementing Local Law 144, the first major U.S. law governing the use of AI employment technologies. On January 23, 2023, the New York City Department of Consumer and Worker Protection (DCWP), the agency charged with enforcing the law, held a second public hearing on the law’s proposed rules to address several ambiguities related to key definitions and the scope of the law. Within the past week, the DCWP published a transcript of the hearing and announced that it would finalize its rules and begin enforcement “in the coming months.”

Keypoint: Last week lawmakers introduced a consumer privacy bill in Rhode Island and biometric privacy bills in Kentucky and Missouri; advanced consumer privacy bills out of committee in multiple states; and advanced a children’s privacy bill out of committee in New Mexico.

Below is the seventh 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 and new 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: Last week lawmakers introduced consumer privacy bills in six states, children’s / social media bills in three states, and held hearings on bills in multiple states.

Below is the sixth 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 and new 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: Slurry of litigation filed by privacy-plaintiffs has survived its first motion to dismiss challenge in a California court but faces tougher challenges ahead.

Anyone who has called into customer service for any major company has likely been told: “This call is being recorded for quality assurance.” Companies have long used those prepared messages to put callers on notice that their communications are recorded, avoiding claims that the companies have violated wiretapping laws in states that require all parties to a communication to consent for the communication to be recorded. Companies are now facing claims that offering the ability for their website visitors to chat with a virtual or human agent violates these same wiretapping statutes when the website visitor accesses the site from an all-party consent state. In this post, we examine the rise of these chat-based wiretapping claims and how website operators may hope to avoid them.

The Board of the California Privacy Protection Agency approved final California Privacy Rights Act (CPRA) regulations on February 3, 2023. The regulations will go into effect upon approval by the Office of Administrative Law.

On March 2, 2023, members of Husch Blackwell’s data privacy team will host a webinar to analyze the final regulations and

Keypoint: Last week Indiana and Utah lawmakers passed bills through a chamber, Maryland lawmakers filed three sets of bills, lawmakers continued to file children’s privacy and social media regulation bills, and there were numerous developments with biometric privacy, health data privacy, and algorithmic discrimination bills.

Below is the fifth 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 and new 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.

In the seventeenth episode of our Legislating Data Privacy podcast series, we talk with Michigan Senator Rosemary Bayer.

In 2022, Senator Bayer authored the Michigan Personal Data Privacy Act (SB 1182). Senator Bayer is in the process of preparing an updated version of her bill to introduce in the 2023 session. During