U.S. State Privacy Law Developments

Although a U.S. federal privacy law remains elusive, U.S. states have been busily passing new laws.?

The laws have many similarities, but there are some notable differences.?California and Colorado have issued new regulations, some provisions of which strengthen components of the laws.? I expect other states to join in the party soon.?

I will be holding a Webinar on U.S. State Privacy Law Developments tomorrow (Tues, Aug. 29, 2023 at 2 PM ET) with Libbie Canter (Covington) to discuss these laws.?Click here to register now for this free webinar!

I have created some related resources and training materials that might be useful:

WHITEBOARDS

Download the newly updated U.S. State Consumer Privacy Laws Whiteboard.

New whiteboards are also available for the individual U.S. state privacy laws. Click here to peruse the completed state privacy law whiteboards.

COURSES

I recently updated the short training course on U.S. State Consumer Privacy Laws. Click here for more information on this course.

STATE BIOMETRIC PRIVACY LAWS

Several states have biometric privacy laws. Illinois has the most powerful law, the Biometric Information Privacy Act (BIPA), with a robust private right of action. Other laws include Texas and Washington, but these laws lack a private right of action and are less protective than the BIPA.

But Washington’s My Health My Data Act protects biometric data and has a private right of action, so expect more activity from Washington.

For biometric privacy, I created a training course on Biometric Privacy Laws. The course mainly focuses on the BIPA.

I also created a Biometric Privacy Laws Whiteboard. This whiteboard highlights key requirements and differences between the different state laws.

Please register for the upcoming Webinar on Facial Recognition and the Dubious Side of AI (Tues, Sept. 6 at 1 PM ET). I'll be speaking with Kashmir Hill, a New York Times reporter who has a new book Your Face Belongs to US: A Secretive Startup’s Quest to End Privacy as We Know It.

STATE HEALTH PRIVACY LAWS

This year, a few states have passed health privacy laws to protect reproductive and gender-affirming healthcare: Washington, Connecticut, and Nevada. Washington’s My Health My Data Act (MHMDA) is the most significant of these laws – it’s quite a broad law, with a definition of health data that extends far beyond what many think constitutes “health.”?

I recently held a webinar with Mike Hintze (Hintze Law), The New Breed of State Health Privacy Laws. We had a great conversation and focused almost exclusively on the MHMDA. This law has a private right of action and will be a very significant law given its breadth and power. It’s one of the strongest state privacy laws.

Download the new MHMDA Whiteboard, summarizing the law in just one page.

Daniel J. Solove is a law professor at the George Washington University Law School and a leading international expert on privacy law.?Join the free weekly email newsletter?for more great privacy analysis, cartoons, whiteboards, events and resources. Learn more at?TeachPrivacy.com. For education and events, check out the?Privacy + Security Academy.

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