On December 5, the Colorado AG’s Department of Law adopted a new set of amendments to the Colorado Privacy Act rules, which will go into effect on January 30, 2025. In this blog post, Partner Kirk Nahra, Senior Associate Ali Jessani and Associate Amy Olivero summarize what the final rule amendments impose and how they differ from the prior proposed versions.
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"For proponents of state law preemption, a federal law should serve as a ceiling. This means it would create a federal standard that invalidates all state privacy laws, including any that offered more protection. One of the strongest arguments for a federal ceiling, found within the discussion draft of the American Privacy Rights Act, may be to eliminate the 'administrative costs and burdens placed on interstate commerce' brought about by a growing 'patchwork' of state privacy laws. Several federal bills that preempt state law, such as the Consumer Data Privacy and Security Act, do so with the express intention to 'promote consistency in consumer expectations, competitive parity, and innovation.'" https://lnkd.in/e34dPhDk
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Thank you IAPP - International Association of Privacy Professionals for this important update on the new Colorado Privacy Act draft rules: "Colorado's attorney general released new draft rules under the Colorado Privacy Act. Among the proposed regulations are the establishment of a process for attorney general opinion letters and interpretive guidance as well as clarifications around children's and biometric privacy provisions following 2024 legislative action. There will be a public consultation beginning 25 Sept. that culminates with a formal rulemaking hearing 7 Nov." (link below) #DataPrivacy #Regulations #ColoradoPrivacyAct #CPA #PrivacyLaw
2024 Colorado Privacy Act rulemaking
coag.gov
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The American Privacy Rights Act is unlikely to get through Congress this year, but more and more State privacy laws are coming into effect. Three privacy laws (Texas, Florida and Oregon) kicked in July 1, Montana’s privacy law comes into effect October 1, and five more State privacy laws (including Delaware and New Jersey) are effective in January 2025. #americanprivacyrightsact #stateprivacylaws #privacylaw
New Texas law takes effect to protect consumer data: What it means for you
fox26houston.com
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With the list of states enacting comprehensive privacy laws growing, it's always a good time to review your communication compliance, informational security policies, producers, and workflow processes internally and with your critical service providers. Thanks for providing Kim Phan Asmussen.
It's official - New Hampshire is the latest state to enact a comprehensive privacy law!
Governor Chris Sununu Signs Bill Protecting Consumer Data
governor.nh.gov
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The 19th state privacy law is now signed. The Minnesota Consumer Data Privacy Act, effective July 31, 2025, aligns closely with Connecticut's privacy legislation but integrates elements from other states too, such as Oregon. Like Oregon, Minnesota grants consumers the right to request a detailed list of specific third parties, rather than generic categories, to whom their data is disclosed. The law adopts multiple provisions from Connecticut's framework, including comprehensive opt-out rights and stringent privacy notice requirements. Minnesota’s law mandates controllers to maintain a detailed data inventory and document policies and procedures for compliance. . #DataPrivacy #MarketingCompliance #MinnesotaLaw #OregonLaw #ConnecticutPrivacyLaw https://lnkd.in/dVugSdQz
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The U.S. Congress recently unveiled a draft of the American Privacy Rights Act, legislation intended to establish data privacy rights and enforceable protections. The bipartisan draft aims to eliminate the patchwork of state laws and minimize the data companies can collect, retain, and use. It also seeks to create a means by which users can access or remove data about them. We’ll keep an eye on this proposed legislation and provide some updates. In the meantime, if you’d like to discuss what this may mean for your business, please get in touch with us. https://buff.ly/3JSJRc9 #AmericanPrivacyRightsAct #dataprivacy
April’s APRA: Could Draft Privacy Legislation Blossom into Law in 2024?
natlawreview.com
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Homework for us all, to think through gaps. And opportunities to plan and design…. What does American privacy rights act really mean…. And what would it take to make IT real, while understanding the complex challenges of privacy and security at scale and magnitude. 🪧🛜🙌📚
The IAPP - International Association of Privacy Professionals seems to know that the way to my ❤️ is a good chart! While I am not getting my hopes up, here is a handy cheat sheet about the American Privacy Rights Act (#APRA) unveiled this week by the House Committee on Energy and Commerce Chair, Cathy McMorris Rodgers (R-WA), and Senate Committee on Commerce, Science and Transportation Chair, Maria Cantwell (D-WA). The "usual" issues of contention are addressed by the Act as follows: 🔹 Enforcement The Federal Trade Commission is directed to create a new bureau to enforce the law. The Act would create a #Privacy and #Security Victims Relief Fund to facilitate consumer compensation since violations are to be regarded as infringements against rules that prevent unfair or deceptive practices. While the #FTC is required to report to US Congress on APRA's enforcement, the Act effectively terminates the FTC’s rulemaking on commercial surveillance and #datasecurity, a role that the FTC took on to fill the void created by the absence of a comprehensive federal #privacylaw. State attorneys general, the chief consumer protection officer of a state, or an authorized officer of the state also have enforcement power in Federal district court. They can pursue injunctions, civil penalties, damages, restitution, and compensation for consumers. Before taking legal action, however, AGs are required to inform the FTC. 🔹 Private right of action For individuals to enforce various provisions allowing for actual damages, injunctive and declaratory relief, and reasonable #legal and litigation costs. Lawsuits based on significant privacy #harm or involving #minors are exempt from mandatory arbitration. 🔹 Preemption Nonsectoral state privacy laws are preempted, but existing sectoral federal privacy laws are preserved. The full draft of the Act for discussion is available at: https://lnkd.in/e8XjAwTP Great job Cobun Zweifel-Keegan, J.D., CIPP/US, CIPM and Joe Jones! #IAPP
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The Oregon Consumer Privacy Act (OCPA) is now in effect 📣 Oregon Governor Tina Kotek signed the Oregon Consumer Privacy Act (OCPA) into law on June 23, 2023. As of July 1, 2024, Oregon residents have important rights regarding collecting, using, and selling data. Businesses that already comply with data privacy laws in Connecticut, Colorado, and Virginia state that the Oregon law is primarily modeled after and should be capable of complying with the OCPA, but there are a few unique provisions to be aware of. In this latest article by Brian Eckert, we answer: 👉 What is the Oregon Consumer Privacy Act (OCPA)? 👉 Does the Oregon privacy law apply to you? 👉 How is the OCPA enforced, and what penalties apply? And much more; visit the link in the comments to learn more 💡 #DataPrivacy #OCPA #OregonLaw #USA
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As state-level privacy laws continue to expand in the absence of federal legislation, businesses must prepare to meet a growing patchwork of requirements or risk penalties and reputational harm. In 2025, eight additional states' comprehensive privacy laws will come into effect, further increasing the complexity of compliance. By the end of next year, approximately 150 million Americans—43% of the U.S. population—will be covered by comprehensive state-level privacy regulations. Most of the activity next year will take place in January, when five states (Iowa, Delaware, Nebraska, New Hampshire, and New Jersey) have privacy laws going into effect, with three more following later in the year. Read the Legal Alert from Meghan Farmer, Amanda Witt, Gregory P. Silberman, John Brigagliano, and Katherine Kubik here: https://lnkd.in/eiT2drWY
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This is a useful update on the Texas privacy law, but it also makes it seem more significant than it is. Yes, the provisions are strict, BUT they do not apply to "small businesses." What's a "small business?" Good question. Texas says ask the U.S. Small Business Administration. They say: "It depends." Then they produce a table that gives thresholds according to your industry's North American Industry Classification System (NAICS) code. So who is exempt? Advertising agencies with revenue under $25.5M are exempt. So are Direct Mail advertisers if their revenues are under $22M and Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers if their revenue is under $47M. Fear not privacy pros, poultry hatcheries and hog farmers will need your help, since they stop being small at $4M and those nefarious, personal data spewing goat farmers rightly get hit at $2.5M. Privacy. It's hard. https://lnkd.in/gmZ39KE5
Ten Days Until the Texas Data Privacy and Security Act Goes Live & AG’s Office Signals “Aggressive Enforcement”
natlawreview.com
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