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Proposed State Privacy Law Update: March 25, 2024

By David Stauss on March 25, 2024
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Keypoint: Last week, consumer data privacy bills passed out of the Vermont and Pennsylvania Houses, an Age-Appropriate Design Code Act variant bill passed out of the Vermont Senate, and bills advanced in Colorado, Maryland, Minnesota, and Georgia.

Below is the ninth weekly update on the status of proposed state privacy legislation in 2024.

Table of Contents

  1. What’s New
  2. Bill Tracker Charts
  3. Bill Tracker Maps

1. What’s New?

The big news last week was three bills passing out of a state chamber.

In Vermont, Representative Priestley’s H.121 unanimously passed the House on March 22. As we noted last week, this general consumer data privacy bill is one to watch as it contains a private right of action with statutory damages. The bill also includes Connecticut-style health and children’s privacy provisions. Meanwhile, the Vermont Senate passed S.289 on March 20. That bill is an Age-Appropriate Design Code Act (AADC) variant although it is much different than the law California passed.

In Pennsylvania, HB 1201 passed the House by a vote of 139-62 on March 18. Prior to passing the House, the bill had not seen movement since December 2023. The bill appears to be a Connecticut-style bill.

In other consumer data privacy bill developments, the Maryland Senate Finance Committee held a brief hearing on HB 567 on March 21. The bill previously passed out of the House. At the hearing, the bill sponsor, Delegate Love, stated that the bill has some differences with its companion Senate bill (SB 541) but she is optimistic the differences will be resolved. SB 541 is scheduled for a hearing with the House Economic Matters Committee on March 28. That bill previously passed the Senate. As we noted last week, the Maryland bills are ones to watch as they contain unique provisions, including their treatment of sensitive data and data minimization requirements.

In Minnesota, an amended SF 2915 passed out of the Judiciary and Public Safety Committee on March 20. It is now with the State and Local Government and Veterans Committee.

In Georgia, an amended SB 473 passed out of a House committee on March 20. The bill previously passed the Senate. Georgia’s legislative session closes March 28.

In Rhode Island, we previously missed that Senator Dipalma introduced a bill in early March (SB 2500). It appears to be a companion bill to HB 7787. On March 19, the Senate Commerce Committee recommended that SB 2500 be held for further study. HB 7787 is scheduled for a committee hearing on March 28.

In addition, as we previously flagged, California lawmakers filed several placeholder bills earlier in the year. Some of those placeholder bills have been amended with their actual proposed text:

  • AB 3080 would, among other things, require a covered platform that publishes or distributes material harmful to minors to perform reasonable age verification methods to verify the age of each individual attempting to access the material and to prevent access by minors to the material.
  • SB 1233 would add “neural data” to the CCPA’s definition of sensitive personal information.
  • AB 3286 would, among other things, allow the California Privacy Protection Agency to adjust the CCPA’s monetary thresholds.

In biometric privacy bill developments, Colorado’s HB 1130 is set for a hearing in the Senate Judiciary Committee on March 27. It is anticipated that the bill will receive further amendments.

In children’s privacy bill developments, Maryland’s SB 571 – another AADC variant bill – is scheduled for a hearing in the House Economic Matters committee on March 28. The bill passed the Senate on March 14.

In health data privacy bill news, Colorado’s HB 1058 passed out of the Senate Committee on Business, Labor & Technology on March 21. The bill is scheduled for Senate floor work on March 25. The bill – which previously passed the House – would amend the Colorado Privacy Act by adding neural data to the law’s definition of sensitive data.

2. Bill Tracker Charts

For more information on all of the bills introduced to date, including links to the bills, bill status, last action, hearing dates, and bill sponsor information, please see the following charts:

  • Consumer Data Privacy Bills
  • Biometric Privacy Bills
  • Children’s Privacy Bills
  • Consumer Health Data Privacy Bills
  • Data Broker Bills

Husch privacy clients can access unredacted copies of the charts through Byte Back+.

3. Bill Tracker Maps

To access our tracker maps, click the following links:

  • State Privacy Law Tracker map
  • State Children’s Privacy Law Tracker map
  • State Biometric Privacy Law Tracker map
  • State AI Law Tracker Map
Photo of David Stauss David Stauss

David is leader of Husch Blackwell’s privacy and cybersecurity practice group. He routinely counsels clients on responding to data breaches, complying with privacy laws such as GDPR and the California Consumer Privacy Act, and complying with information security statutes. He also represents…

David is leader of Husch Blackwell’s privacy and cybersecurity practice group. He routinely counsels clients on responding to data breaches, complying with privacy laws such as GDPR and the California Consumer Privacy Act, and complying with information security statutes. He also represents clients in data security-related litigation. David is certified by the International Association of Privacy Professionals as a Privacy Law Specialist, Certified Information Privacy Professional (US), Certified Information Privacy Technologist, and Fellow of Information Privacy.

Read more about David StaussDavid's Linkedin Profile
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  • Posted in:
    Privacy & Data Security
  • Blog:
    Byte Back
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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