As of now, 12 states (CA, CO, CT, DE, IA, IN, MT, OR, TN, TX, UT, and VA) have passed comprehensive privacy laws that are in effect (CA, CT, CO, and VA), or are about to go into effect sometime soon (DE, IA, IN, MT, OR, TN, TX, and UT). If any of these laws
It is important to always confirm and understand all the various requirements of laws applicable to the sensitive personal information being processed.
Continue Reading Processing Sensitive Personal Information under U.S. State Privacy Laws
All modern privacy statutes regulate when personal information can be shared with third parties, whether those third parties are service providers, vendors, contractors, or business partners. Most modern privacy statutes recognize, however, that privacy risks are reduced when the third party is related to the organization from which the data originates. As the following chart
Three modern privacy statutes incorporate the concept that individuals should be able to broadcast a signal from their browser or device that directs an organization to cease providing their personal information to third parties for the purposes of targeted advertising.
The regulations implementing the CCPA, as amended by the CPRA, require organizations to process “opt-out
Modern data privacy statutes require that organizations inform individuals about the organization’s privacy practices by creating a privacy notice (sometimes referred to as a privacy policy or a notice at collection). Some data privacy statutes provide specific directions regarding how the privacy notice must be distributed. For example, the California Consumer Privacy Act and the
The California Consumer Privacy Act and the California Privacy Rights Act specifically state that they do not restrict a business’s ability to collect, use, retain, sell, share, or disclose “aggregated consumer information.”[1] Aggregate consumer information is defined as “information that relates to a group or category of consumers, from which individual consumer identities have
GT Shareholders Gretchen A. Ramos and Darren Abernethy will lead a webinar hosted by the Association of Corporate Counsel titled “Website and Mobile App Compliance Under the CPRA and New State Privacy Laws Effective in 2023” Oct. 6 at 11 a.m. PDT.
Starting Jan. 1, 2023, the California Privacy Rights Act and the CPRA
Modern state privacy laws mandate that agreements with service providers or processors contain specific contractual provisions to govern the parties’ relationship. Which provisions should be included in a vendor agreement, however, differ by state statute. In addition, some state privacy laws impose statutory obligations upon vendors that do not necessarily need to be memorialized in
Modern state privacy laws confer upon individuals the ability to ask for their personal information to be deleted. Statutes differ, however, in the scope of the “deletion right.” For example, some states only permit consumers to request the deletion of personal information that the consumer provided to the organization (allowing the organization to keep personal
Some privacy statutes explicitly reference “sensitive” or “special” categories of personal information. While such terms, when used, often include similar data types that are generally considered as raising greater privacy risks to data subjects if disclosed, the exact categories that fall under those rubrics differ between and among statutes. Furthermore, other privacy statutes do not