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
Virginia
Processing Sensitive Personal Information under U.S. State Privacy 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
Finding the Delta: Understanding the Differences in How State Privacy Laws Define Corporate Affiliates
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…
Is a business required to include an ‘opt out of targeted advertising’ link on its homepage (i.e., a Do Not Share link) if it recognizes opt-out preference signals?
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…
Does a business have to provide a privacy notice directly to a consumer if it obtains the consumer’s data from a third party (i.e., purchases it)?
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…
Privacy Considerations for the End of 2022
Jan. 1 is approaching, and with it comes new requirements under the California Consumer Privacy Act (CPRA) and the Virginia Consumer Data Protection Act (VCDPA). What should you and your company be focusing on to ensure you are prepared for the looming compliance deadline? This Data Privacy Dish post offers end-of-year considerations for closing out…
What is aggregated data?
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…
Understanding the differences in the state privacy laws: What factors must be considered by an organization when conducting a DPIA?
Some modern data privacy statutes require organizations to consider and document privacy-related risks regarding certain types of processing activities. These assessments are sometimes referred to as “data protection assessments” or “data protection impact assessments” (generically a DPIA). DPIAs are intended to make an organization identify and weigh the benefits that may flow from processing personal…
Understanding the differences in the state privacy laws: When is an organization required to conduct a DPIA?
Some modern data privacy statutes require organizations to consider and document privacy-related risks regarding certain types of processing activities. These assessments are sometimes referred to as “data protection assessments” or “data protection impact assessments” (generically a DPIA). For example, several state data privacy statutes mandate that a DPIA be conducted if an organization intends to…
Understanding the Differences in State Privacy Laws: How Is Geolocation Information Defined?
Several modern state data privacy statutes refer to precise geolocation information as a “sensitive” category of personal information. What constitutes precise geolocation information differs slightly between and among states. The following table provides a side-by-side comparison of the how the states have defined the term.
Click here for a side-by-side comparison of the how the |
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