Tennessee has joined a handful of other states to provide certain safe harbors in the cybersecurity realm. Unlike others, the law sites beside -but does not modify- the states’ data breach notification law. Also unlike others, the safe harbor is very narrowly tailored, and is not triggered by having a data security program.Continue Reading Impact of Tennessee’s Cybersecurity Class Action Safe Harbor
Tennessee recently amended its 1984 right of publicity statute with passage of the ELVIS Act. The existing law already protected individuals’ rights in their image and likeness. As amended, the statute will specifically call out voice as another protected element. It will become the first right of publicity statute to address copying someone’s likeness or voice with AI technologies in two ways.Continue Reading Tennessee’s ELVIS Act Incorporates AI Considerations into Right of Publicity Protections
It’s been a busy summer for US state privacy laws, and companies now need to keep track of a growing list of requirements from these laws. These include many we have written about in the past, including notice, vendor contract provisions, and offering consumers rights and choices. The laws also impose certain record keeping requirements, which we discuss here.Continue Reading The Comprehensive Privacy Law Deluge: Record-Keeping and Related Requirements
When thinking about privacy notice obligations, companies often -incorrectly- leap to the wording in their privacy policies. The new comprehensive state privacy laws are a reminder that notice obligations are a bit broader than mere privacy policies. To the extent that these laws apply to your organization (see our prior applicability post) there are some notice-related obligations to keep in mind.Continue Reading The Comprehensive Privacy Law Deluge: Approaching Notice Obligations
Of the many worries on privacy compliance teams’ lists as we face the onslaught of state “general” privacy laws are the impacts they have on vendor contracts. Fortunately for those who have already had to deal with contracts with vendors (service providers, processors) in California or EU’s GDPR, the impact should be fairly minimal.Continue Reading The Comprehensive Privacy Law Deluge: Updating Vendor Contracts
With a little less than a week before the next US state “comprehensive” privacy laws (Colorado and Connecticut) go into effect, many are reviewing existing practices. One that keeps coming up is the concept of “profiling.” As a reminder, we now have 11 states with comprehensive privacy laws: California, Colorado, Connecticut, Florida, Indiana, Iowa, Montana, Tennessee, Texas, Utah, and Virginia.Continue Reading The Comprehensive Privacy Law Deluge: What to Do About “Profiling”
Texas has now become the 11th state, following Florida, to have a “comprehensive” privacy law. HB 4 was signed by the governor on June 18, 2023. This caps off a busy spring for state lawmakers not only in Texas, but Florida, Iowa, Indiana, Tennessee, and Montana. The law goes into effect on July 1, 2024 (the ability for agents to submit rights requests is not effective until January 1, 2025 however). For a round-up of state laws’ effective dates, visit here.Continue Reading The Lone Star State Joins the Privacy Law Deluge: Another Governor Signs
Companies may want to review their consumer rights processes as we approach July 1. This is the date of enforcement for those parts of CCPA modified by CPRA. It is also the effective date of two more state privacy laws: Colorado and Connecticut. Neither law is substantively much different from California and Virginia, but if an entity was not subject to those laws it may be subject to those in these two additional states. Let’s recap the requirements around choice and individual rights:Continue Reading The Comprehensive Privacy Law Deluge: Approaching Choice and Rights
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.Continue Reading The Comprehensive US Privacy Law Deluge: Which US Privacy Laws Apply to Your Company?
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
Continue Reading Another Governor Signs: Tennessee Volunteers to Join the Privacy Patchwork
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:Continue Reading Preparing for the US Comprehensive Privacy Law Deluge