In the second podcast of our Legislating Data Privacy series, we talk with Minnesota Representative Steve Elkins.

Representative Elkins is the co-author of HF 1492, the Minnesota Consumer Data Privacy Act.

In this wide-ranging interview, Representative Elkins discusses what happened with HF 1492 during the 2021 legislative session, his plan for reintroducing the bill

Keypoint: Our legislating data privacy podcast series kicks off with an in-depth conversation with Representative Collin Walke of Oklahoma.

As readers of this blog know, the emergence of broad state consumer privacy legislation has been one of the dominant stories in privacy law since at least June 2018 when California lawmakers passed the California Consumer

Keypoint: This week the Colorado legislature passed the Colorado Privacy Act.

Below is our sixteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we need to make a few announcements.

This will be our last weekly update – for now. With the legislatures in so many states having adjourned for the year and the bills in the remaining states not moving forward, we will be pausing our weekly updates. Rest assured, we will be back when things heat up again.

Even though we are pausing our weekly updates, we are not slowing down our work on state consumer privacy legislation.

On June 15, we will be hosting a webinar on the Colorado Privacy Act. Click here to register.

Starting Monday, June 21, we will be releasing a limited podcast series with interviews of state lawmakers who spearheaded privacy legislation in 2021. If you want to know the inside story on how these bills are drafted and lobbied, you will not want to miss these interviews.

Finally, if you are not already subscribed to our blog, consider doing so to stay updated.

Keypoint: The bill will now return to the Senate to accept or reject the House amendments.

On the night of June 7, 2021, the Colorado House voted 57-7 to pass the Colorado Privacy Act (CPA). As we previously reported, the Colorado Senate unanimously passed the CPA on May 26. Because the House amended the Senate version of the CPA, the bill will now return to the Senate for it to accept the amendments, reject the amendments, or reject the amendments and ask for a conference committee.

Keypoint: This week the Colorado legislature continued to advance the Colorado Privacy Act, and the Nevada Governor signed into law a bill that will broaden the state’s pre-existing right to opt out of sales as of October 1, 2021.

Below is our fifteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. 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.

Keypoint: Companies using the previous standard contractual clauses will have eighteen months to transition to the new documents.

Today, the European Commission announced that it has adopted “two sets of standard contractual clauses, one for use between controllers and processors and one for the transfer of personal data to third countries.” The new SCCs take into account new requirements under the General Data Protection Regulation as well as the Court of Justice’s Schrems II opinion.

Keypoint: This week the Colorado Senate passed the Colorado Privacy Act, the Nevada legislature passed a bill to broaden the state’s pre-existing right to opt out of sales, and the New York Privacy Act advanced to a third reading in the Senate.

Below is our fourteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. 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.

Keypoint: The Colorado Senate unanimously passed the Colorado Privacy Act after amending the bill to add back many of the privacy protections previously removed.

On May 26, 2021, the Colorado Senate unanimously passed the Colorado Privacy Act. The bill now moves to the State Assembly. The Colorado legislature is scheduled to close on June 12 so we will know in just a matter of weeks (if not sooner) if Colorado will become the third state to enact broad consumer privacy legislation.

Two House sponsors were added to the bill – Republican Terri Carver and Democrat majority co-whip Monica Dunn. The addition of bipartisan House sponsors perhaps signals that the bill has momentum to pass the House.

Notably, the Senate significantly amended the bill from the version previously passed by the Senate Business, Labor & Technology Committee. As discussed in our May 12 post, the Senate committee had revised many of the bill’s pro-consumer provisions to pro-business provisions. The bill that ultimately passed the Senate (see here) reverted many of those changes. Below is a summary of some of the notable revisions.

Keypoint: If signed by the Governor, entities doing business in Nevada will need to examine their data transfers to determine whether they constitute “sales” under the broader definition.

On May 25, 2021, the Nevada legislature passed SB260. The bill will now be sent to the Governor for approval or veto. Assuming the Governor signs the bill, it will amend Nevada’s online privacy notice statutes, NRS 603A.300-360, to provide Nevada residents with a broader right to opt out of sales.