While many U.S. state-level privacy laws contain similar provisions, there are important differences that must be considered in any privacy compliance program. For example, all current privacy laws in the United States give consumers the right to opt out of certain types of processing activities, such as profiling and targeted advertising. However, the exact processing activities that consumers can opt out of vary from law to law. This, and the differences introduced in federal legislation, make navigating privacy protection in the United States less easy.    As states push privacy legislation, members of Congress continue to introduce their own federal privacy laws, some of which focus on children`s privacy. Most recently, Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN) introduced the Child Online Safety Act in February 2022. This law, which targets big tech companies, requires social media platforms to provide children with tools to protect their personal information and provides proprietary algorithms for researchers investigating harm to the safety and well-being of minors. Other children`s privacy laws, such as Senator Ed Markey`s (D-MA) Children and Youth Online Privacy Protection Act, would amend the Children`s Online Privacy Protection Act (COPPA). Markey`s bill extends COPPA`s age limit from 13 to 16 and prohibits targeted advertising to children. The Protecting the Information of Our Vulnerable Children and Teens Act, introduced by Rep.

Kathy Castor (D-Fl), raises the age limit to 18 and expands the COPPA standard for “real knowledge” to cover online services that are “targeted or appealing to children.” 2021 was a remarkable year in the world of government data protection legislation. Virginia and Colorado followed California and became the second and third states to pass comprehensive consumer privacy laws, respectively. With state legislatures resuming in 2022, we`re tracking states that might emulate California, Virginia, and Colorado. Our interactive map follows data protection legislation and provides links to resources and information on active countries. Click on the United States to learn more, and if you have any questions, contact David Stauss. California Calif. Bus. & Prof. Code § 22575 Requires the operator of a commercial website or online service to disclose in its privacy policy how it responds to a “Do Not Track” signal from a web browser or similar mechanisms that allow consumers to track their personal information online across websites or services and over time. It also requires the Operator to disclose whether third parties perform or may perform such tracking on the Operator`s website or service.

2021 H.B. 2307/2021 S.B. 1392 (Consumer Data Protection Act) Provides a framework for the control and processing of personal data in the Commonwealth. The Act applies to all persons doing business in the Commonwealth who (i) control or process the personal data of at least 100,000 consumers or (ii) derive more than 50% of the gross revenue from the sale of personal data and control or process the personal data of at least 25,000 consumers. The law establishes data protection responsibilities and standards for data controllers and processors. The bill does not apply to state or local government entities and includes exceptions for certain types of data and information subject to federal law. The law grants consumers the right to access, rectify, delete, obtain a copy of personal data and object to the processing of personal data for targeted advertising purposes. The Act provides that the Attorney General will have exclusive authority to enforce violations of the Act, and the Consumer Privacy Fund will be created to support these efforts. The Act directs the Joint Commission on Technology and Science to establish a working group to review the provisions of this Act and matters related to its implementation and to report its findings by November 1, 2021.

The effective date is January 1, 2023. Connecticut, Delaware, and New York require employers to notify employees before monitoring email communications or Internet access. Colorado and Tennessee require states and other public entities to implement policies to monitor public employee emails. Hawaii prohibits employers from requiring employees to download a mobile application to the employee`s personal communication device that can be used to track the employee`s location or disclose the employee`s personal information. In the context of increasing data protection legislation in the US (6 other states are actively considering new privacy laws), it will soon be essential to understand the requirements of these laws to run a business in the US. Download the infographic to quickly understand the latest privacy laws in California, Colorado, Virginia, Utah, and Connecticut. This website documents state laws in a limited number of areas: full consumer privacy, website privacy policies, privacy of online book downloads and reader browsing information, personal information of Internet service providers, online marketing of certain products for minors, and employee email monitoring. Other types of state laws deal with privacy and may also apply to online activities. To help you better understand the similarities and differences between U.S. privacy laws, OneTrust DataGuidance has produced the report Comparing Comprehensive US Privacy Laws: A guide to compliance, which provides an in-depth and informative analysis of the state of privacy in the United States. Ms.

Millar advises clients on a range of advertising and marketing matters. She represents clients in legislative, regulatory and self-regulatory matters, advises on claims and assists in the development and evaluation of claims justifications. She also has extensive experience in privacy, data security and cybersecurity. It helps clients develop privacy policies for websites and apps. As with many federal privacy laws passed in the past, there is no certainty that the PCPA will become law. What we do know for sure, however, is that the current five data protection laws will all come into force in 2023 and organizations need to be prepared. PLEASE NOTE: NCSL serves state legislators and their employees. This website provides general comparative information only and should not be construed or construed as legal advice. In addition, NCSL does not endorse or take any position on any laws, laws or policies of the state.