This week, Consumer Reports published a Model State Privacy Act. The Consumer advocacy organization proposed model legislation “to ensure that companies are required to honor consumers’ privacy.” The model legislation is similar to the California Consumer Privacy Act, but seeks to protect consumer privacy rights “by default.” Some additional provisions of the model law include a broad prohibition on secondary data sharing, an opt-out of first-party advertising, and a private right of action in addition to enforcement by state Attorneys General.
While the introduction of a model privacy law is an interesting development, we also continue to track state privacy laws in multiple states right now, as several states have recently introduced consumer privacy legislation. Connecticut, Massachusetts, Illinois, Minnesota, New York and Utah recently saw the introduction of new privacy legislation. As legislative sessions move forward into 2021, we expect even more states to follow suit.
Our list of pending state privacy legislation includes:
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Minnesota HF36 / Minnesota HF 1492
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New York AB680 (NY Privacy Act)
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New York S2505 / New York A3005 (Governor’s budget bill – New York data accountability and transparency act)
We will continue to provide updates as these bills move forward.