The “Colorado Effect?” Status Check on Colorado’s Privacy Rulemaking
Colorado is set to formally enter a rulemaking process which may establish de facto interpretations for privacy protections across the United States. With the passage of the Colorado Privacy Act (CPA) in 2021, Colorado, along with Virginia, Utah, and Connecticut, became part of an emerging group of states adopting privacy laws that share a similar […]
FPF Addresses ‘Opt-Out Preference Signals’ in Comments on California Draft Privacy Regulations
Yesterday, the Future of Privacy Forum (FPF) filed comments with the California Privacy Protection Agency regarding the Agency’s initial set of draft regulations to implement the California Privacy Rights Act amendments to the California Consumer Privacy Act. FPF’s comments are directed towards ensuring that both individuals and businesses have clarity for the implementation and exercise […]
FPF Files Comments on Colorado Privacy Act Pre-Rulemaking Activity
Today, the Future of Privacy Forum (FPF) filed comments with the Colorado Department of Law regarding forthcoming rulemaking under the Colorado Privacy Act (CPA). The CPA, which goes into effect in July 2023, will establish important new data privacy rights, controls, and protections for individuals in Colorado. FPF’s comments are directed toward ensuring that forthcoming […]
When is a Biometric No Longer a Biometric?
In October 2021, the White House Office of Science and Technology (OSTP) published a Request for Information (RFI) regarding uses, harms, and recommendations for biometric technologies. Over 130 entities responded to the RFI, including advocacy organizations, scientists, experts in healthcare, lawyers, and technology companies. While most commenters agreed on core concepts of biometric technologies used […]
Party of Five: Connecticut Poised to Pass Fifth U.S. State Privacy Law, Improving Upon Virginia, Colorado
This week, the Connecticut legislature passed Senate Bill 6, an ‘Act Concerning Personal Data Privacy and Online Monitoring.’ If SB 6 is enacted by Governor Lamont, Connecticut will follow California, Virginia, Colorado, and Utah as the fifth U.S. state to adopt a baseline regime for the governance of personal data. The law would come into […]
Utah Consumer Privacy Act Passes State Legislature
This week, the Utah legislature passed the Utah Consumer Privacy Act (SB 227). If enacted by Governor Spencer Cox, Utah will follow California, Virginia, and Colorado as the fourth U.S. state to establish a baseline regime for the protection of personal data. The law would come into effect in December 2023. “While the Utah Consumer […]
Five Burning Questions (and Zero Predictions) for the U.S. State Privacy Landscape in 2022
Entering 2022, the United States remains one of the only major economic powers that lacks a comprehensive, national framework governing the collection and use of consumer data throughout the economy. An ongoing impasse in federal efforts to advance privacy legislation has created a vacuum that state lawmakers, seeking to secure privacy rights and protections for […]
Colorado Privacy Act Passes Legislature: Growing Inconsistencies Ramp Up Pressure for Federal Privacy Law
Today, the Colorado Senate approved the House version of the Colorado Privacy Act (SB21-190) that passed yesterday, on June 7. If approved by Governor Jared Polis, Colorado will follow Virginia and California as the third U.S. state to establish baseline legal protections for consumer privacy. “Although the Colorado Privacy Act contains notable advances that build […]
Privacy Trends: Four State Bills to Watch that Diverge from California and Washington Models
During 2021, state lawmakers have proposed a range of models to regulate consumer privacy and data protection. As the first state to pass consumer privacy legislation in 2018, California established a highly influential model with the California Consumer Privacy Act. In the years since, other states have introduced dozens of nearly identical CCPA-like state bills. […]
Emerging Patchwork or Laboratories of Democracy? Privacy Legislation in Virginia and Other States
Stacey Gray, Pollyanna Sanderson & Samuel Adams In the absence of federal privacy legislation, U.S. states are weighing in. In Virginia, the “Consumer Data Protection Act” (“CDPA”) (HB 2307 / SB 1392) could be signed into law within weeks, and if passed, would take effect on Jan. 1, 2023. If the law passes, it would […]