The US has what appears to be a never-ending list of comprehensive privacy laws, but do they all apply to your organization? Not necessarily.
Montana Governor Signs Big Sky’s Privacy Law
Montana now joins a growing list of states to have a comprehensive privacy law. The law was signed by the governor on May 19, 2023 and will go into effect October 24, 2024. This is before some Iowa (effective January 1, 2025) and Indiana (effective January 1, 2026), which pre-dated it in passage.
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New York AG Releases Guide for Business Data Security
New York Attorney General Letitia James recently published a guide to help companies in preparing their data security programs and responding to data security incidents. The security program recommendations are paired with highlights from recent investigations by the Attorney General that provide valuable insights into what the Attorney General views as data security pitfalls that should be remedied.
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EyeMed Data Breach Multistate Settlement
EyeMed recently entered into a settlement with the Attorneys General of Oregon, New Jersey, Florida and Pennsylvania around a 2020 breach of an EyeMed email account that contained the data of more than 2 million individuals. As we previously reported, EyeMed entered into settlement with NYDFS over this breach in October of 2022.
Another Governor Signs: Tennessee Volunteers to Join the Privacy Patchwork
The Tennessee governor has signed Tennessee’s comprehensive privacy law, which as we have indicated will go into effect July 1, 2025. As initially proposed, the law would have been
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Preparing for the US Comprehensive Privacy Law Deluge
With January well in the rear view mirror, companies are setting their privacy compliance sights on the next two laws to come into effect on July 1, 2023: Colorado and Connecticut. Knowing, of course, that Utah (December 31, 2023) is not far behind. To say nothing of five more on the horizon, in order of effective date:
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Governor Signs: Hoosier State Adds to the US Privacy Patchwork
Indiana has now become the seventh US state to enact a comprehensive privacy law after Senate Bill 5 (“SB5”) was signed by the governor on May 1, 2023. The new law will go into effect January 1, 2026, and is almost identical to recent comprehensive privacy laws in other states.
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My Health My Data Act: Consent Requirements
In this third post in our ongoing series, we examine the scope of the consent requirements under the recently enacted My Health My Data Act. (Visit here for information about the scope of the law and here for information about consumer rights). The Act imposes consent requirements on a wide range of common processing activities.
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My Health My Data Act: Consumer Rights
In this second post in our ongoing series, we examine the scope of rights given to consumers under the recently enacted My Health My Data Act. (Visit here for information on the scope of the law). The law provides consumers several rights, all of which are in other privacy laws. However, the requirements associated with some of these rights create some unique challenges.
May 2nd Marks Effective Date of Pennsylvania Breach Law Amendments
As we wrote in November, Pennsylvania amended its data breach notification laws last year, and those changes go into effect tomorrow (May 2, 2023). Beginning tomorrow, if a breach of username/email accounts and their respective passwords occurs, companies can provide electronic notification to the impacted individual. That notice will need to tell individuals to change their passwords or take other proactive measures. The law also amends the definition of personal information. It will now include, as of tomorrow, medical and health insurance information.
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My Health My Data Act: Scope of the Law
On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. While the 2023 legislative season has been busy for state “comprehensive” privacy laws, this law is likely to have the most impact on businesses. The My Health My Data Act covers a very wide range of entities, consumers, and data, as we describe below. And, it contains a private right of action. With the law coming into effect in the first half of 2024, organizations will want to take steps now to understand the scope of this law and its onerous obligations.