State Privacy Guide_widget_300x196-02

Keypoint: The CPRA, CPA, and VCDPA vary in both their definitions of biometric information/data and their compliance obligations.

This is the second article in our ten-part weekly series comparing key provisions of the California Privacy Rights Act (CPRA), Colorado Privacy Act (CPA), and Virginia Consumer Data Protection Act (VCDPA). With the operative dates of these laws drawing near, we are exploring important distinctions between these bills. If you are not already subscribed to our blog, consider subscribing now to stay updated.

In this article, we examine how the three laws will treat biometric information (or biometric data as the term is used in Colorado and Virginia). The California Consumer Privacy Act (CCPA) already addresses biometric information but only as an element of personal information. The CPRA will include certain types of biometric information as “sensitive personal information” and provide consumers the right to limit businesses’ use of that information. Virginia and Colorado will require controllers to obtain consumer consent for the processing of biometric data for the purpose of uniquely identifying a natural person. However, Virginia’s definition of biometric data is much narrower than California’s definition. Meanwhile, Colorado’s law does not define the term at all.

Below is an analysis of this issue.

Keypoint: In the next few months, the Colorado Attorney General’s office will start CPA rulemaking on numerous topics with the goal of publishing draft rules by this fall and adopting final rules by next winter.

On January 28, the Colorado Attorney General’s office hosted a Data Privacy Day event centered on the Colorado Privacy Act (CPA). In prepared remarks, Colorado Attorney General Phil Weiser issued his first public comments on the upcoming CPA rulemaking process. In the coming months, the office will engage in a substantial rulemaking process on a number of topics, including dark patterns and consumer requests. The Attorney General anticipates that they will be in a position around this time next year to adopt final rules, which will be approximately six months before the CPA goes into effect on July 1, 2023.

In this post, we first provide a brief overview of the CPA statutory authority for rulemaking. We then discuss Attorney General Weiser’s prepared remarks discussing the office’s plans.

2022-Data-Privacy-State-Privacy-Update

Keypoint: This week lawmakers introduced new bills in Georgia, Hawaii and Oklahoma, the Indiana Senate passed a bill out of committee, and hearings were held on bills in Alaska, Maryland, and Washington.

Below is our third 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 will be regularly updating 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.

Keypoint: The CPRA, CPA, and VCDPA’s definitions of “publicly available information” are broader than the CCPA’s definition, thereby expanding the types of personal information companies may process outside the confines of those laws.

In celebration of Data Privacy Day, we are launching this ten-part weekly series where we will compare key provisions of the California Privacy Rights Act (CPRA), Colorado Privacy Act (CPA), and Virginia Consumer Data Protection Act (VCDPA). With the operative dates of these laws drawing near, we will explore important nuances and differences on topics such as treatment of biometric and sensitive information, targeted advertising, consumer rights, and data processing agreements. If you are not already subscribed to our blog, consider doing so to stay updated.

Our first topic in this ten-part series is the treatment of publicly available information. Although the California Consumer Privacy Act (CCPA) contains an exclusion for “publicly available information” from its definition of personal information, the exclusion is limited to information made available by federal, state, or local government records. The CPRA, CPA, and VCDPA expand this exception to include information a company has a reasonable basis to believe a consumer lawfully made available to the general public.

Below is a comparison of “publicly available information” as defined in each of the three laws.

2022-Data-Privacy-State-Privacy-Update

Keypoint: This week lawmakers introduced new bills in Mississippi, Nebraska, and Pennsylvania, held hearings in Alaska and Washington, and scheduled hearings for the coming week in Alaska, Delaware, Indiana, Maryland, and Washington.

Below is our second weekly update on proposed state privacy laws. As with past updates, we track the status of proposed CCPA-like privacy legislation. In addition, starting this week we have expanded the update to track upcoming hearings, VCDPA amendments, biometric privacy bills, data broker bills, and other bills of note. We even added a table of contents! We hope you enjoy the additional content.

Before we get to our update, we wanted to provide two reminders.

First, we will be regularly updating our 2022 State Privacy Law Tracker to keep pace with the latest developments with CCPA-like 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. Last week, we provided a mid-week update on a new VCDPA amendment.

In the tenth episode of our Legislating Data Privacy podcast series, we talk with Maureen Mahoney, Senior Policy Analyst at Consumer Reports – a leading consumer privacy advocate. Maureen’s areas of focus include state data privacy, security, and data breach notification legislation; state right to repair legislation; and robocalls policy. Maureen is ubiquitous on…

2022-Data-Privacy-State-Privacy-Update

Keypoint: 2022 is off to a fast start with proposed state privacy laws filed in Alaska, Florida, Indiana, Kentucky, New Jersey, Pennsylvania and Vermont, joining the long list of bills already filed.

Welcome back! This is our first weekly update on the status of proposed CCPA-like state privacy laws in 2022. Last year, we provided sixteen weekly updates, culminating with the passage of the Colorado Privacy Act. We will bring you the same coverage in 2022 with weekly updates in your inbox every Monday morning for subscribers. Before we get to our first update, we wanted to provide three reminders.

Keypoint: Virginia lawmakers will consider multiple amendments to the Virginia Consumer Data Protection Act in advance of its January 1, 2023 effective date.

As the legislature opened on January 12, Virginia lawmakers proposed seven bills to amend the Virginia Consumer Data Protection Act (VCDPA). The bills come after the VCDPA Work Group held six meetings from June to August 2021 and issued a Final Report on November 1, 2021 (see our summary of the report here).

The bills seek to amend the VCDPA’s right to delete, nonprofit definition, and enforcement provisions. The Work Group’s Final Report identified many other topics for potential amendments. It remains to be seen whether other amendments will be offered as the legislative session advances. The Virginia legislature is scheduled to close on March 12, 2022 unless the session is extended.

Below is a summary of the bills.