With its unique provisions and requirements, the Maryland Online Data Privacy Act (MODPA) adds a new dimension to state privacy law that will create additional compliance burdens for covered entities. HB privacy partner David Stauss unpacks and explains MODPA in a twenty-five minute on-demand webinar available exclusively to HB privacy clients through Byte Back+. If you are an HB privacy client and already have access to Byte Back+ click here. The webinar is available in the “Webinars” section of Byte Back+. If you are an HB privacy client but do not yet have access, click here  ..read more

Keypoint: Nebraska is the seventeenth state legislature to pass consumer data privacy legislation with a bill that largely tracks the Texas Data Privacy and Security Act. On April 11, 2024, the Nebraska legislature passed the Nebraska Data Privacy Act (LB 1074). We have been tracking the bill since it was first introduced under LB 1294. That bill never advanced out of committee; however, it was added to LB 1074 in late March as part of a larger multi-subject 139 page bill. The bill unanimously passed Nebraska’s unicameral legislature on April 11. It now heads to Nebraska Governor Jim Pillen. A ..read more

Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations more important. In July 2023, a Southern District of California District Court denied a motion to dismiss in Greenley v. Kochava, 2023 WL 4833466 (S.D. Cal. July 27, 2023), in which the plaintiff argued a SDK developer violated California laws that prohibited use of a “pen registry” and “tap and trace” device by building into the SDK code that forwarded location informati ..read more

Keypoint: Maryland’s bill diverges from other Washington Privacy Act variants passed to date with unique data minimization, sensitive data, minor’s data privacy, and unlawful discrimination provisions (among others). On April 6, 2024, the Maryland legislature passed the Maryland Online Data Privacy Act of 2024 (MODPA) (SB 541). A companion House bill (HB 567) also appears likely to pass before the legislature closes on April 8. Subject to the procedural formalities in the legislature, the bills will next head to Maryland Governor Wes Moore for consideration. Assuming MODPA becomes law, Marylan ..read more

Keypoint: Last week, the Maryland legislature passed consumer data privacy and Age-Appropriate Design Code Act bills, the Kentucky Governor signed HB 15 into law, three bills advanced out of a California Assembly Committee, and there was movement with bills in Minnesota, Vermont, Louisiana, Illinois and Colorado. Below is the eleventh weekly update on the status of proposed state privacy legislation in 2024. Table of Contents What’s New Bill Tracker Charts Bill Tracker Maps 1. What’s New? The big news this week is that the Maryland legislature passed the Maryland Online Data Privacy Act of 2 ..read more

Keypoint: Last week, the Kentucky legislature passed a consumer data privacy bill, Colorado passed an amendment to the Colorado Privacy Act, and there was movement on bills in Maine, Maryland, Rhode Island, and Vermont. Below is the tenth weekly update on the status of proposed state privacy legislation in 2024. Table of Contents What’s New Bill Tracker Charts Bill Tracker Maps 1. What’s New? The big news last week was the Kentucky legislature passing HB 15 on March 27. The bill now heads to the Kentucky Governor. Assuming the bill becomes law, Kentucky will become the fifteenth state to ena ..read more

Keypoint: Colorado policymakers outlined their privacy and AI priorities at a recent Husch Blackwell event. In early March, Husch Blackwell hosted a discussion panel covering the 2024 legislative priorities of Colorado policymakers related to privacy and artificial intelligence. Attendees heard from Director of Legislative Affairs and Colorado Assistant Attorney General Jefferey Riester, as well as Colorado State Senate Majority Leader Robert Rodriguez. Discussions centered around their legislative priorities related to privacy and artificial intelligence, including the Colorado Privacy Act, S ..read more

Keypoint: Kentucky is the fifteenth state to pass consumer data privacy legislation with a bill that largely tracks the Virginia Consumer Data Protection Act. On March 27, 2024, the Kentucky legislature passed the Kentucky Consumer Data Protection Act (HB 15). The bill unanimously passed the House on February 20. The Senate passed the bill on March 11, but with two minor floor amendments. On March 27, the House unanimously concurred in the Senate floor amendments. The bill now heads to Kentucky Governor Andy Beshear. Assuming the bill becomes law, Kentucky will become the fifteenth state to en ..read more

HB privacy clients can now access several new materials on Byte Back+, including: Updated State Privacy Law Comparison Chart. As we wait for Kentucky to finalize passage of HB15, we have updated our comparison chart to include the bill’s provisions. Updated Sensitive Data Chart. We also updated our sensitive data chart to include Kentucky. Monthly Privacy Client Only Email Alert. You can access our March 2024 privacy client only email alert, containing reminders on upcoming deadlines and other important materials. Comparison of Vermont Children’s Bills. We prepared a side-by-side analysis of t ..read more

Keypoint: Since our last update on US artificial intelligence (AI) legislation impacting the private sector, Utah enacted the first AI private sector bill of 2024, Oklahoma moved closer to passing an AI Bill of Rights, Connecticut’s bill advanced through a committee, and California lawmakers introduced two bills that would establish transparency requirements around generative AI and personal information used to train AI models. Below is our third update on the status of pending US artificial intelligence (AI) legislation that would affect the private sector. Table of Contents What’s New Bill ..read more