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Proposed State Privacy Law Update: April 15, 2024

By David Stauss on April 15, 2024
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Keypoint: Last week, the Nebraska legislature passed a consumer data privacy bill.

Below is the twelfth 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 the Nebraska legislature passing a consumer data privacy bill (LB 1074). The bill largely tracks the Texas Data Privacy and Security Act. You can find our analysis of the bill here.

In other consumer data privacy bill developments, Senate committee hearings will be held on two Colorado Privacy Act (CPA) amendment bills next week.

HB 1130 is set for a Senate committee hearing on April 15. That bill would amend the CPA to add additional provisions regarding biometric data. The bill passed the House in late February.

Meanwhile, a Senate committee hearing will be held on SB 41 on April 16. That bill seeks to amend the CPA to add additional children’s data privacy provisions.

With one CPA amendment bill already passed (neural data) and two more in the works, the CPA could look very different by the time the Colorado legislature closes on May 8.

In California, SB 1223 (adding neural data to the CCPA’s definition of sensitive personal information) and AB 3080 (age verification for websites containing indecent material) are set for committee hearings on April 16. AB 2877 (changing Agency Board member requirements) and AB 3286 (monetary changes to CCPA) are set for hearings on April 23.

As Congress begins to debate the merits of the federal American Privacy Rights Act, the Colorado and California (see below) lawmaking efforts demonstrate how states are continuing to move the goalposts on any federal privacy law by building on their existing privacy laws.

In Vermont, committee meeting were held on H.121 (consumer data privacy) on April 10 and S.289 (Age-Appropriate Design Code Act) on April 11 and 12.

Finally, Maine’s legislature closes on Wednesday, April 17. The legislature is currently considering a consumer data privacy bill that contain unique data minimization provisions.

In children’s privacy bill news, we previously reported that Virginia companion bills (SB 361 / HB 707) passed the legislature in early March. Those bills would amend the Virginia Consumer Data Protection Act to add additional children’s privacy provisions. In a surprise turn of events, Virginia Governor Glenn Youngkin returned the bills to the legislature without his signature with the request that the legislature consider an amendment to the bills. The Virginia legislature will consider the amendment when it reconvenes on April 17.

In Colorado, a Senate hearing will be held on SB 41 on April 16. The bill seeks to amend the Colorado Privacy Act (CPA) to add additional children’s data privacy provisions. In Vermont, committee hearings were held on S.289 – an Age-Appropriate Design Code Act variant – on April 11 and 12.

In biometric privacy bill news, Colorado’s HB 1130 is set for a Senate hearing on April 15. The bill would amend the CPA to add additional provisions regarding biometric data. The bill passed the House in late February.

Finally, in data broker bill developments, committee hearings are scheduled for California AB 3204 (data digesters) and SB 1076 (data brokers) for April 23.

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.

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  • Posted in:
    Privacy & Data Security
  • Blog:
    Byte Back
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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