Following the GDPR, the California Consumer Privacy Act (CCPA) and other newly introduced state privacy legislation, the Washington Senate has proposed its own GDPR-like consumer privacy act. Washington Senate Bill 5376, the Washington Privacy Act, as first proposed on January 22, 2019 and substituted February 24, 2019 applies “not only to technologies and products of today but to technologies and products of tomorrow.” If approved, it will go into effect July 31, 2021.

The Act will apply to legal entities that conduct business in Washington or produce products or services that intentionally target Washington residents. These entities must also either (1) control or process data of at least 100,000 consumers or (2) derive 50 percent gross revenue from the sale of personal information and process or control personal information of at least 25,000 consumers. Under the Act, personal data is any information that is linked or reasonably linkable to an identified or identifiable natural person.

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You can add Nevada to the growing list of the states that are considering privacy-related legislation in the wake of last year’s enactment of the California Consumer Privacy Act (CCPA). Nevada is one of three states that already require certain entities to provide online privacy notices to disclose the types of personal information that they collect from consumers. Senate Bill 220 would supplement that existing law by allowing consumers to submit notices to businesses directing them not to sell any personal information the business has collected or will collect about the consumer (i.e., an opt-out). An entity that receives such a notice would be forbidden from selling the consumer’s personal information.
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hacker-enter-keyiStock_000000132325_MediumAntiquated privacy laws are haunting businesses that base their privacy policies on current statutory language. Most laws intended to protect individuals’ privacy rights were designed with decades-old technology in mind. While this problem has been gaining attention for its impact on individuals’ privacy rights, businesses have also felt the effect of archaic privacy laws. Due to the public’s overwhelmingly favorable views toward privacy rights, businesses are becoming increasingly vulnerable to distorted interpretations of outdated laws.
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