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State Privacy Legislation Update
Many states are considering comprehensive privacy legislation in the absence of a federal law. We are tracking these bills closely and share a few bills below to keep an eye on during this year’s legislative sessions.
Minnesota Privacy Bill (HF36): The unnamed Minnesota privacy law tracks many of the CCPA’s requirements both regarding notice requirements and consumer rights, including the right to opt-out of the sale of personal information. Unlike the CCPA, the bill includes a private cause of action for any violation that leads to consumer injury, rather than just data breaches. The bill was introduced in January and referred to the Commerce Finance and Policy Committee.
New York Privacy Act (A680): The NYPA is the most stringent of the bills we’ve seen so far, requiring opt-in consent for all data processing. The bill also imposes a fiduciary duty on controllers and data brokers. The bill is currently in the Assembly Committee on Consumer Affairs and Protection.
Oklahoma Computer Data Privacy Act (HB1602): The OCDPA provides rights for consumers more stringent than those in the CCPA, including the right to provide opt-in consent prior to any collection or sale of personal data. The bill also explicitly requires covered entities to implement safeguards to protect personal information. The bill recently passed the Technology Committee.
Virginia Consumer Data Protection Act (HB473): The Commonwealth seems to be the closest to passing a state privacy bill, with companion bills having passed in the House and Senate. The legislature began a special session this week, and will likely reconcile the two bills without issue. If passed, the law would go into effect on Jan. 1, 2023. The VCDPA would provide consumers with various rights consistent with the CCPA and GDPR, and violations of the law permit a private cause of action under the state’s Consumer Protection Act. If the special session ends without reconciliation, the Act would die, and would need to be reintroduced in the next session.
Washington Privacy Act (SB5062): The WPA is the state’s latest attempt to pass a comprehensive privacy law, with two previous bills failing to make it through the legislature. This most recent bill is broader than prior iterations, but still provides for consumer rights, and does not include a private cause of action. The bill is currently pending a public hearing in the Senate Ways & Means Committee this month.
What People Are Saying: Former FTC Consumer Protection Bureau Director Jessica Rich posted on LinkedIn that she was “alarmed at the many loopholes and exceptions in both the VA and WA privacy bills,” saying that the proposed measures created “loosy-goosy requirements and take-backs you can drive a truck through,” and that the legislation was “going backwards.”
To follow our coverage of these and other privacy matters in real time, subscribe to our Ad Law Access blog.
What to Expect in Consumer Financial Protection and FinTech in 2021
With the publication of the recent CFPB Taskforce on Federal Consumer Financial Law Report and President Biden tapping Rohit Chopra
, current FTC commissioner and vocal proponent of aggressive enforcement, to Lead the agency, consumer financial protection is once again top of mind for many. On this episode of the Ad Law Access Podcast
, partner Alysa Hutnik
and special counsel Donnelly McDowell
discuss consumer financial protection, fintech, financial services, and the consumer protection issues that the CFPB and FTC have broad discretion over.
Find more on the CFPB and related topics on the Ad Law Access blog. You can find the Ad Law Access Podcast and other Kelley Drye Podcasts on our Insights Page
or wherever you get your podcasts.
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Kelley Drye Brief - Winter 2021
The Kelley Drye Brief is our quarterly newsletter that provides readers with important content produced by firm lawyers, upcoming events, industry forecasts and firm updates. This issue includes a message to our clients, our top podcasts of 2020, highlights of the initiatives taken by our Task Force on Racial Equality, an examination of what employers need to know about COVID-related laws and legislation in 2021 and more.
Kelley Drye January 2021 Content Digest
January went by so fast that you may not have had time to process everything that happened. That’s why we share the monthly compendium of articles, blogs, and digital content produced each month by Kelley Drye.
Real Estate Industry Alerts Tracker
The Kelley Drye Real Estate practice group is carefully monitoring across all facets of the real estate industry developments and opportunities arising out of the disruptions to the economy caused by coronavirus. In this newsletter you will find what we hope is a useful summary of some of the more significant legal and regulatory developments together with intelligence on emerging market and practice trends as real estate industry professionals begin to develop responses to the fallout from the wide spread economic disruption.
WHAT PEOPLE ARE READING