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…

Keypoint: In states with “two-party” consent laws, Privacy-Plaintiffs are bringing class action lawsuits against companies that use “session replay” technology on their websites.

Last month in the Northern District of Illinois a class action complaint was filed that alleges two defendants, TikTok and ByteDance, violate Federal and State wiretapping laws. The complaint alleges the conduct violates the Federal Wiretap Act and Massachusetts, Maryland, and Missouri state equivalent laws. The complaint does not allege violation of California, Florida, or Pennsylvania wiretapping laws despite similar claims being filed most often in these jurisdictions. The complaint also does not allege violation of any Illinois statute despite being filed in the Norther District of Illinois.

In this post, we explain what session replay technology is and how courts across jurisdictions have handled claims that the technology violates wiretapping statutes in two-party (also known as “all party”) consent states to date.

This article is part of our ongoing series of articles examining different types of privacy lawsuits filed across the country. Please click here to read our prior article on Video Privacy Protection Act lawsuits.

2023 Data Privacy Tracker

Keypoint: Last week a narrow consumer privacy bill passed the New Jersey Senate, a children’s privacy bill passed the Virginia House, new consumer privacy bills were filed in New York, Rhode Island, Tennessee, Texas, and Washington, and new children’s privacy bills were filed in New Mexico, New York, and Utah.

Below is the fourth 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: With the Board’s approval secured, the Agency will now send the final rulemaking package to the Office of Administrative Law for review.

On Friday, February 3, 2023, the Board of the California Privacy Protection Agency (Agency) voted to adopt and approve the Agency’s rulemaking package. The rulemaking package includes a redline of the final regulations, a final statement of reasons, and two appendices to the final statement of reasons with responses to comments received during the 45 day and 15 day comment periods. The Agency did not substantively change the regulations from the draft the Agency published in November.

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With state legislatures opening across the country, lawmakers in numerous states are introducing bills to regulate private entities’ processing of biometric information. These bills, many of which are similar to the Illinois Biometric Information Privacy Act (BIPA), could change the landscape of U.S. state privacy law.

With the influx of bills, we are releasing our…