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On January 18, 2024, the New Hampshire legislature passed SB255, making the Granite State the 14th US state to pass a consumer privacy law—and the second state to do so in January. Following enrolment—a formality to excise clerical errors—the bill will move to Governor Chris Sununu’s desk for final enactment. If it becomes law, SB255 will go into effect on January 1, 2025, giving businesses less than one year to ensure compliance with the new…

Organizations subject to the Washington State My Health My Data Act (generally any organization with physical premises in Washington, and many organizations without it) are preparing for compliance by March 31, 2024. And should, in addition to the overall compliance requirements and immediate action items, be aware that the Washington Attorney General updated its guidance on the requirements for a consumer health privacy policy. Section 4(1)(b) of the My Health My Data Act explicitly provides…

New Jersey is the 13th US State to Pass Comprehensive Consumer Privacy Legislation Consistent with our prediction that 2024 will bring a significant crop of new state consumer privacy laws, the New Jersey legislature recently became the 13th state to pass a comprehensive privacy statute. On January 8—the final day of its 2022-2023 legislative session—the Senate passed bill S332. Once enacted—either with Governor Phil Murphy signing the bill or after 45 days if he takes…

The California Privacy Protection Agency (“CPPA”) held a public board meeting on December 8, 2023. As discussed in our previous article, the CPPA is in the process of preparing Draft Regulations on Cybersecurity Audits, Risk Assessments and Automated Decision-Making Technology. The Rules Subcommittee provided updates on these regulations, and Board members provided their feedback on the drafts. Key Takeaways Regarding CCPA Cybersecurity Audit Regulations The Cybersecurity Audit Regulations would require businesses “whose processing of consumers’…

If your organization does business across the U.S. and collects consumer health data (broadly defined, health inferences generated from non-health data count), compliance with U.S. state consumer health privacy laws is just around the corner. Consumer health privacy laws in Nevada (Senate Bill 370) and Washington (the My Health My Data Act) become fully operative for regulated entities on March 31, 2024. Requirements specific to consumer health data are already operative in Connecticut. Here are…

If you are a data broker or a business that relies on data brokers for targeted advertising, you should be aware that the California Data Broker Law will be significantly changed under the California Delete Act On October 10, 2023, California Governor, Gavin Newsom, signed Senate Bill 362, referred to as the Delete Act, into law. The Delete Act amends existing data broker laws to subject all data brokers to new registration and disclosure requirements…

As we previously covered in a post earlier this month, the California Privacy Protection Agency (“CPPA”) has published draft regulations on risk assessments and cybersecurity audits required by the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). On September 8, the CPPA held a public board meeting that included discussion of select portions of the regulations. Prior to the meeting, the board circulated copies of the draft regulations for…

In Brief On September 11, 2023, Delaware Governor John Carney signed the Delaware Personal Data Privacy Act (HB 154) into law, making Delaware the twelfth US state to pass a consumer privacy law (and the seventh in 2023 alone). Like Connecticut, Colorado and Indiana, Delaware’s new law occupies a middle ground between detailed privacy regimes like the California Consumer Privacy Act (CCPA, as modified by the California Privacy Rights Act) and more business-friendly mandates like…

Beyond the statutory text of the new Washington state My Health My Data Act, the Washington Attorney General has published Frequently Asked Questions (FAQs) and will update such FAQs periodically. Some of the FAQs provide insight into possible interpretations of the law’s provisions that are summarized below. For a broader overview of the My Health My Data Act, see here. 1. Businesses located outside of the state of Washington that only store data in Washington…

On September 6, 2023, California Governor, Gavin Newson, issued an executive order to study the development, use, and risks of generative artificial intelligence (“Gen AI”). Similar to data privacy, California is the first state to analyze Gen AI under this lens. Under the executive order, state agencies will be required to perform risk assessments, create ethical guidelines for Gen AI usage and formulate new policies and regulations. Goals of the executive order are to (i)…