With the new Washington state My Health My Data Act, you may wonder if any exceptions or exemptions apply to your organization (for an overview of the law, see here). As a reminder, the definition of consumer health data is broad: “personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status” (the definition includes as an enumerated example any information…
Nevada Senate Bill 370 is the third US state law passed this year with specific obligations related to consumer health privacy. Just as with most obligations under the similar Washington state My Health My Data Act (summary here), regulated entities are required to comply with the Nevada law from March 31, 2024. Obligations specific to entities processing consumer health data are already operative in Connecticut since July 1, 2023 (summary here). The Nevada law is…
The Connecticut Data Privacy Act (CTDPA) is operative since July 1, 2023, and so are certain amendments that were signed into law as recently as June 26th, 2023. The amendments focus on protecting consumer health data and protecting minors, with additional consumer health data protections already operative but with some obligations related to minors becoming operative mid to late 2024. Additional Obligations for Processing Consumer Health Data As other omnibus US state privacy laws, the…
In brief The Colorado Privacy Act (C.R.S. 6-1-1301, et seq.) (the “CPA”) comes into effect on July 1, 2023. Earlier this year, the Colorado Attorney General promulgated final rules for implementing the CPA (4 CCR 904-3) (the “Rules”). The Rules provide insight as to how the Attorney General may interpret and enforce the CPA. In this alert, we highlight several key aspects of the CPA and the Rules to help businesses focus their compliance efforts.…
The Texas Data Privacy and Security Act joins the growing number of states that have passed or enacted legislation in 2023, and more are expected in the coming months.
In Brief On May 1, 2023, Governor Eric Holcomb’s signed Indiana’s Consumer Data Protection Act into law, making Indiana the seventh US state to pass comprehensive consumer data privacy law — joining California, Iowa, Utah, Connecticut, Virginia, and Colorado (Tennessee has since enacted a consumer privacy statute; and Montana and Texas have passed laws that are currently awaiting their respective governors’ signatures). The Consumer Data Protection Act closely tracks prevailing trends in US state privacy…
After a slowdown in 2022–US states are back at the drawing board of consumer privacy laws with four passing in the last month alone. Here, we break down what you need to know about the Montana and Tennessee bills. In brief The early months of 2023 have brought a bumper crop of new state privacy legislation, with Tennessee and Montana legislatures poised to become the eighth and ninth states to enact comprehensive privacy laws. The…
Washington state governor Jay Inslee signed the My Health, My Data Act (the Act) into law on April 27, 2023. Regulated entities are required to comply with most obligations from March 31, 2024 with small businesses being required to comply from June 30, 2024. Prohibitions on geofencing are operative already on July 23, 2023. The Act will be enforceable both by the Washington Attorney General’s Office and through a private right of action. Who is…
In Brief In April 2023, Arkansas Governor Sarah Huckabee Sanders signed into law SB 396, the Social Media Safety Act (the “Act”). Arkansas is the second state to enact a law that specifically regulates minors’ social media use, following Utah’s recent social media legislation. The Act, which takes effect on September 1, 2023, requires social media platforms (as defined under the Act) to verify account holders ages in order to prohibit Arkansas residents younger than…
Companies around the world should start preparing for the Iowa Consumer Data Protection Act (Iowa Act) with respect to personal data of consumers in Iowa. With the Iowa Act, Iowa follows the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (CCPA), but excludes consumers acting in a commercial or employment context. Businesses that have implemented measures to comply with the CCPA and other US state privacy laws…