The Mintz Privacy & Cybersecurity Blog will be providing regular updates of notable pending US state privacy laws. Following our similar previous updates, the most recent of which may.
This update checks in on the progression of those laws, the most notable of which is that Colorado is set to become the third US state to pass a comprehensive privacy law as the Colorado Privacy Act is on the governor’s desk and is expected to be signed.
No
Yes – private plaintiffs can seek the greater of actual damages or $500 for violations under the VCDPA, and for willful actions, treble damages or $1,000, whichever is greater.
Yes (limited) – private plaintiffs can seek damages of not less than $100 and not more than $750, whichever is greater, if their non-encrypted personal information or email address (together with information that would allow account access) is subject to unauthorized access due to a business’ failure to implement reasonable security measures.
Consent
Generally not required except for the processing of sensitive data.
Required where a consumer has restricted processing or a risk assessment indicates the risks of processing outweigh the benefits to the consumer.
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When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopt their own statutes intended to enhance privacy rights and consumer protection for residents. The Virginia legislature has passed such a measure.
On February 3, 2021, the Virginia Senate unanimously passed the Virginia Consumer Data Protection Act (VCDPA),
SB1392. The state’s House of Delegates had passed the companion bill (
HB 2307) in January. Now, legislators are working to reconcile the bills in order to send a measure to the governor’s desk before the end of February, when the legislative session concludes.
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Happy Data Privacy Day! Today we report on New York Governor Andrew Cuomo s recent State of the State address, in which he announced the state s 2021 policy agenda. Included in the Governor s agenda are enhanced consumer protections over data privacy mirroring both the California Consumer Privacy Act (CCPA) and the EU s General Data Protection Regulation (GDPR) and proposing technology resources and assistance to community and regional banks as part of post COVID-19 reconstruction efforts.
Data Privacy
Governor Cuomo proposes a comprehensive law aimed at enhancing digital privacy. Specifically, the law will provide New York residents with greater transparency and protection over their personal data. Various enforcement mechanisms will ensure accountability for the illegal use of consumer data. Entities will be required to disclose the purpose for which they are collecting consumer information, and use will be restricted