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Since the first version of the California Consumer Privacy Act took effect in 2020, we have seen several more states enact similar legislation that have already taken effect or are scheduled to take effect later this year. Here’s our latest tracking of these new Privacy rules. 

Colorado Privacy Act SB 190

  • Becomes effective 7/1/2023

  • Business obligations are

    • Opt-in default at age 13 for sensitive data

    • Notice/transparency requirements

    • Risk Assessments

    • Prohibition on Discrimination (exercising rights)

    • Purpose/processing limitation

  • Consumer Rights

    • Right to access

    • Right to correct

    • Right to delete

    • Right to opt-out of processing for profiling/targeted advertising purposes

    • Right to portability

    • Right to opt out of sales

    • Right to opt in for sensitive data processing

    • Right against automated decision making

 Connecticut Data Privacy Act SB6

  • Becomes effective 7/1/2023

  • Business obligations are

    • Opt-in default at age 13 for sensitive data

    • Notice/transparency requirements

    • Risk Assessments

    • Prohibition on Discrimination (exercising rights)

    • Purpose/processing limitation

  • Consumer Rights

    • Right to access

    • Right to correct

    • Right to delete

    • Right to opt-out of processing for profiling/targeted advertising purposes

    • Right to portability

    • Right to opt out of sales

    • Right to opt in for sensitive data processing

    • Right against automated decision making

Virginia Consumer Data Protection Act SB1392

  • Became effective 1/1/2023

  • Business obligations are

    • Opt-in default at age 13 for sensitive data

    • Notice/transparency requirements

    • Risk Assessments

    • Prohibition on Discrimination (exercising rights)

    • Purpose/processing limitation

  • Consumer Rights

    • Right to access

    • Right to correct

    • Right to delete

    • Right to opt-out of processing for profiling/targeted advertising purposes

    • Right to portability

    • Right to opt out of sales

    • Right to opt in for sensitive data processing

    • Right against automated decision making

Utah Consumer Privacy Act SB227

  • Becomes effective 12/31/2023

  • Business obligations are

    • Opt-in default at age 13

    • Notice/transparency requirements

    • Prohibition on Discrimination (exercising rights)

  • Consumer Rights

    • Right to access

    • Right to delete

    • Right to opt-out of processing for profiling/targeted advertising purposes

    • Right to portability

    • Right to opt out of sales

There are several other states that currently have active bills related to consumer data protection that we should all be keeping an eye on. Those are:

  • Hawaii – SB974; SB1110; HB1494 are in Committee

  • Iowa – SSB1071; HSB12 are in Committee

  • Indiana – SB0005; HB1554 are in Committee

  • Kentucky – SB15 is in Committee

  • Maryland – SB698; HB807 have been introduced

  • Massachusetts – HD2281; SD745; HD3263; SD1971; HD3245 have been introduced

  • Minnesota – HB1367; SB950 are in Committee

  • New Hampshire – SB255 are in Committee

  • New Jersey – A505 is in Committee

  • New York – SB3162; A3593; A3308; S2277; SB365; A2587 are in Committee

  • Oklahoma – HB103 is in Committee

  • Oregon – SB619 is

  • Tennessee – SB73; HB1181 are in Committee

  • Texas – HB1844 has been introduced

  • Vermont – HB121 is in Committee

  • Washington – HB1616; SB5643 are in Committee

Additionally, New York Department of Financial Services (NYDFS). The NYDFS is working to amend its own set of rules.

It’s safe to say these privacy rules will continue to evolve and the industry is going to have to stay up-to-date with employee training programs, website disclosures, and resources to respond to these inquiries. If your organization hasn’t designated a Privacy Officer now would be the time to work through what that resource should be.


Documents and Crowdsourced Materials:


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