State Privacy Laws

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On Aug. 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law, bringing significant reform to the state’s Biometric Information Privacy Act (BIPA). The much-anticipated BIPA amendment took effect immediately and will provide welcome relief to businesses.

The amendment allows written releases to be executed by electronic signature and drastically limits the damages an “aggrieved person” accrues in BIPA litigation. By ending the per-scan violation, the amendment directly responds to the Illinois Supreme Court’s ruling in Cothron v. White Castle Systems, Inc.Continue Reading New Legislation Promises Stronger Privacy Protections and Clearer Guidelines for Businesses

Believe it or not, we are now more than halfway through 2024. As of July 1st, we now have additional state privacy laws in effect in Florida (narrow applicability), Oregon, and Texas – with more on the way later this year and into 2025. We thought it would be a good time to provide a recap on the current privacy law landscape in the United States today. Continue Reading Comprehensive State Privacy Laws – Halfway Through 2024 and Looking Ahead to 2025

Just past midnight on May 11, 2024, the Vermont legislature passed the Vermont Data Privacy Act (VDPA). VDPA, if signed by Governor Phil Scott, will take effect on July 1, 2025, and will make Vermont the 18th state to establish consumer privacy rights in the same vein as the California Consumer Privacy Act (CCPA). Although many state consumer privacy laws feel cookie cutter at this point, VDPA contains nuances that will require companies to strategize data management intake and processing.Continue Reading While You Were Sleeping, Vermont Passed One of the Most Stringent State Consumer Privacy Laws Yet

Yesterday, the California Privacy Protection Agency (CPPA) issued its first enforcement advisory regarding the California Consumer Privacy Act (CCPA).  Enforcement Advisory No. 2024-01(the Advisory) is solely devoted to data minimalization, which the CPPA describes as “a foundational principle in the CCPA.” An enforcement advisory is not an implementing rule, regulation, or law; it is not even an interpretation of the law or legal advice. Instead, CPPA enforcement advisories are intended to be informational bulletins to inform the public about nascent legal privacy issues that CPPA is engaging with at a given time. Continue Reading California Privacy Protection Agency Issues “Minimal” Guidance on CCPA in First Enforcement Advisory

On Wednesday, February 21, 2024, California Attorney General Rob Bonta announced that his office reached a settlement with DoorDash, which addresses allegations that the company facilitated several violations of both the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA).

Following an investigation by the California Department of Justice, the CA AG’s office determined that DoorDash sold the personal information of California customers without requisite notice or an opportunity to opt-out of that sale.  The sale took place through marketing cooperatives, which are networks of businesses that share the personal information of their respective customers with one another in order for participating businesses to advertise to those same customers, regardless of any prior relationship.  In other words, by participating in marketing cooperatives and disclosing consumer personal information as part of its membership, DoorDash was able to reach new customers; in turn, the other businesses participating in the cooperative also gained the opportunity to market to DoorDash customers.Continue Reading California Delivers to DoorDash $375,000 Civil Penalty: California AG Announces Second CCPA Settlement

Late last week, the California Third District Court of Appeal (the “Court”) overturned a lower court decision delaying the enforcement of amended privacy regulations. On Friday, February 9, 2024, the Court held that the California Privacy Protection Agency (the “Agency”) had the authority to enforce its amended California Privacy Rights Act (CPRA) regulations effective immediately, meaning all businesses regulated by the CPRA are expected to be in full compliance today. Continue Reading California Appeals Court Holds CPRA’s Implementing Rules Are Immediately Enforceable

It is a new year, and the privacy efforts in the United States are not letting up. In 2024 alone, three new privacy laws will take effect (i.e., Montana, Oregon and Texas), and more laws are on the horizon. The latest update to the U.S. privacy landscape took place on January 16 when New Jersey governor Phil Murphy signed Senate Bill 332 (the “Act”) into law – making New Jersey the 13th state to enact a comprehensive privacy law. The Act takes effect January 15, 2025, and mirrors several other U.S. privacy laws, with a few unique distinctions. Here is what you need to know.Continue Reading The Garden State Joins the Privacy Party – New Jersey Becomes the Latest State to Adopt a Comprehensive Data Privacy Law

On September 18, 2023, the U.S. District Court for the Northern District of California granted technology trade association NetChoice, LLC’s request for a Preliminary Injunction in NetChoice LLC v. Bonta, a lawsuit challenging the constitutionality of the California Age-Appropriate Design Code Act (CAADCA), which the California Legislature passed last year. In granting the Preliminary Injunction, the court found that the law’s restrictions on commercial speech likely violate the First Amendment. 

Drawing inspiration from the UK Age-Appropriate Design Code, the CAADCA regulates covered businesses and their practices with respect to the collection, storage, and processing of personal data collected from children under the age of 18. CAADCA requires that the most restrictive default privacy settings be implemented for younger users and that any community standards, terms of service, and privacy settings be freely accessible and enforced. Following the September 18 ruling, the future of the CAADCA is uncertain. At the very least, the CAADCA is unlikely to be enforced on its intended effective date of July 1, 2024, as the injunction remains in place throughout the course of litigation.Continue Reading Pumping the Brakes: Federal Judge Grants Preliminary Injunction Blocking California Children’s Digital Privacy Law From Taking Effect

Oregon has become one of the latest states to adopt a comprehensive data privacy law. The Oregon Consumer Privacy Act (“OCPA” or the “Act”) takes effect July 1, 2024, and mirrors its other U.S. privacy law counterparts, with a few unique distinctions. Here is what you need to know.

Scope. The OCPA applies to (i) any person or entity who conducts business in Oregon or provides products or services to residents in Oregon and (ii) during a calendar year, controls or processes:

  • The personal data of 100,000 or more consumers (other than personal data controlled or processed solely for the completion of a payment transaction) or
  • The personal data of 25,000 or more consumers while deriving 25 percent or more of annual revenue from selling personal data.

Continue Reading 12 Down, 38 to Go: Oregon Becomes One of the Latest States to Enact a Comprehensive Data Privacy Law

On June 30, 2023, California Superior Court Judge James P. Arguelles held that the California Privacy Protection Agency (the “Agency”) cannot enforce any violation for the Agency’s regulations issued on March 29, 2023, under the California Consumer Privacy Act (CCPA), as amended by the California Consumer Privacy Rights Act (CPRA) until March 29, 2024. This holding stems from a petition brought by the California Chamber of Commerce (the “Chamber”) against the Agency, arguing that based on a plain reading of the CPRA’s language, enforcement cannot begin until one year following issuance of the Agency’s regulations.

Although enforcement of the Agency’s regulations are delayed, the text of the CCPA, as well as regulations enacted prior to March 29, 2023, remain in effect and enforceable. The enforcement stay solely bars the Agency from enforcing its own issued regulations under the CPRA for one year after a particular regulation is finalized.Continue Reading Not So Fast: California Superior Court Delays Enforcement of Certain CPRA Regulations