Among the challenges presented by the increasing number of state privacy laws are identifying how consumer rights differ under each of the various laws and operationalizing a workflow .
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As expected, today Virginia Governor Ralph Northam signed the
Virginia Consumer Data Protection Act (the Act ) into
law, though the Act will not go into effect until January 1,
2023. As a result, Virginia becomes the second state in the
United States to enact a data privacy law that purports to regulate
the collection, use, and disclosure of the personal data of its
residents generally. See our previous post for a summary and analysis of
the Act s key provisions and a discussion of how the Act
Friday, April 30, 2021
In a previous update, we provided a comprehensive round-up of several notable pending US state privacy laws. We are checking-in on the progression of some of those laws in this further update. The next installment will update the remaining state laws in progress.
New Laws
Virginia
The Virginia Consumer Data Protection Act (“CDPA”) was signed into law on March 2, 2021, making Virginia the second US state after California to pass a comprehensive data privacy law. Those familiar with the European Union General Data Protection Regulation (“GDPR”) will recognize terminology throughout the CDPA, mimicking many GDPR-defined terms, such as “controller”, “processor” and “personal data.” While not quite as expansive as the GDPR in every respect, the CDPA is a broad-based privacy law that is on par with the California Consumer Privacy Act (“CCPA”). For our summary of the CDPA, please see our overview of the Virginia
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The Florida state legislature is considering a sweeping data
privacy bill introduced by Governor Ron DeSantis in February.
House Bill 969 is the latest state provision to follow in the
footsteps of the California Consumer Privacy Act
( CCPA ), the California Privacy Rights Act and the
Virginia Consumer Data Protection Act, in giving consumers greater
control over how their personal information is used while imposing
greater restrictions on companies use of that data.
Similar to the California and Virginia laws, the Florida bill
would apply to most for-profit entities that do business in Florida
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In what could be a harbinger of the future regulation of artificial intelligence (AI) in the United States, the European Commission published its recent proposal for regulation of AI systems. The proposal is part of the European Commission’s larger European strategy for data, which seeks to “defend and promote European values and rights in how we design, make and deploy technology in the economy.” To this end, the proposed regulation attempts to address the potential risks that AI systems pose to the health, safety, and fundamental rights of Europeans caused by AI systems.