consumer data protection act

Amends the Biometric Information Privacy Act, changes the term of written release to written consent, provides that the written policy that is developed by a private entity in possession of biometric identifiers shall be made available to the person from whom biometric information is to be collected or was collected, provides that an action brought under the act shall be commenced within one year after the cause of action accrued under certain circumstances. Status: Failed - Adjourned However, such information does not include data that is de-identified, related to employee health screening for on-site entry, or publicly available. MO HB 2375 As of August 2021, Congress has not passed legislation to provide FTC with civil penalty authority for the privacy and safeguarding provisions of the Gramm-Leach-Bliley Act. Status: Failed - Adjourned Grants a consumer a right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of third parties with which the information is shared. Excepts from the Consumer Privacy Act information that was deidentified in accordance with specified federal law, was derived from medical information, protected health information, individually identifiable health information, or identifiable private information, consistent with specified federal policy. CA SB 980 Creates the Automatic Listening Exploitation Act, defines terms, provides that it is unlawful for a person who provides any smart service through a proprietary smart speaker to store or make a recording or transcript of any speech or sound captured by a smart speaker, or use any storage or recording or transcript of any voice interaction by a user with the voice user interface, or transmit such a recording or transcript to a third party, for any purpose, without obtaining express informed consent. NY SB 518 Requires commercial Internet websites and online services to notify customers of collection and disclosure of personally identifiable information and allows customers to opt out. Status: Pending Expands the prohibition against collecting biometric data to private entities. ME LR 2878 A woman holding various forms of ID at a computer screen showing the names of the 3 reporting agencies. Despite an increased number of bills, however, comprehensive legislation did not pass in 2019. IL SB 3591 Be empowered to educate your clients about the practical implications and implied costs of the CDPA. Status: Failed - Adjourned Expresses the sense of the General Assembly that facial recognition technology can present certain risks as well as provide a variety of benefits and that safeguards are necessary to allow the use of the technology in ways that benefit society, establishes certain requirements and certain prohibited actions relating to provision of facial recognition services by certain persons, prohibits certain governmental units from using facial recognition services under certain circumstances. The Virginia state legislature recently became the first state to do so, surprising many with news that it quickly passed and signed into law comprehensive privacy … On January 29, 2021, the Virginia House of Delegates passed HB2307, the Virginia Consumer Data Protection Act (Act) in an 89 to 9 vote. Status: Failed - Adjourned NJ SB 1223 IL HB 2736 NY SB 2398 GAO recommends that Congress consider giving FTC civil penalty authority to enforce GLBA’s safeguarding provisions. The Virginia Consumer Data Protection Act (CDPA) became law earlier this week when the state’s governor signed a bill recently adopted by the state’s legislature, making Virginia the second state in the nation with a comprehensive privacy law. Status: Failed - Adjourned In addition, three California bills were enacted, as follows: In addition, as approved by California voters in November, California Proposition 24, when effective on January 1, 2023, will further expand the state’s consumer data privacy laws. Status: Failed - Adjourned The CPA is modeled on the failed Washington Privacy Act and Virginia’s already passed Consumer Data Protection Act (CDPA) but contains notable differences, including … [displayText] => Introduced in Senate Concerns the management and oversight of personal data. Status: Failed - Adjourned Status: Failed - Adjourned Relates to prohibiting private entities from using biometric data for any advertising, detailing, marketing, promotion, or any other activity that is intended to be used to influence business volume, sales or market share or to evaluate the effectiveness of marketing practices or marketing personnel. Cliff Hayes, D-Chesapeake, is awaiting a final vote but was passed by for the day Thursday. WA HB 2759 In addition, because violations of the Act are deemed to be unfair and deceptive acts or practices under the Alaska consumer protection statute, AS 45.50.471- 45.50.561, consumers would have a private right of action with statutory damages if they can show that they suffered loss of money or property as a result of the violation. IL HB 3358 On March 2, 2021, Virginia Governor Ralph Northam signed comprehensive state privacy legislation titled the Consumer Data Protection Act (CDPA). CA AB 873 The data protection act allows consumers to retrieve a copy of their online data, amend or delete this data, and opt out of allowing large businesses to sell the data. MD HB 307 Eliminates a consumer's right to request a business to delete or not sell the consumer's personal information under the Consumer Privacy Act, if it is necessary to retain or share the consumer's personal information to complete an insurance transaction requested by the consumer. During the 2021 General Assembly session, Virginia passed the Consumer Data Protection Act ( CDPA ), joining California with establishing comprehensive data privacy rules. Status: Failed - Adjourned Identifying additional sources of information on these CRAs, such as by requiring them to register with the agency through a rulemaking or leveraging state registration information, could help CFPB ensure that it can comprehensively carry out its supervisory responsibilities. Status: Failed - Adjourned The Virginia Consumer Data Protection Act (CDPA) passed on March 2, 2021, making it the next major state since California to shape up the US Privacy landscape. For over two and a half years, California has enjoyed the spotlight of having the most comprehensive data privacy law in the United States. Status: Failed - Adjourned Creates the Consumer Privacy Protection Act, requires businesses that collect, maintain or sell personal information to notify consumers and disclose the information and the businesses' use of the information, provides that consumers may opt out and have personal information deleted. Dozens of state legislatures are currently considering laws that relate to the protection of consumer personal data. IL SB 413 Prohibits businesses from using, disclosing, or retaining biometric information about an individual. What is the Consumer Data Protection Act of 2018? Status: Failed - Adjourned Washington, D.C. 20001 Ultimately, the Virginia Consumer Data Protection Act is a part of state efforts to implement oversight and regulations of how companies control and use consumer … Relates to prohibiting private entities from using biometric data for any advertising, detailing, marketing, promotion, or any other activity that is intended to be used to influence business volume, sales or market share or to evaluate the effectiveness of marketing practices or marketing personnel. View text, Click the check-box to add or remove the section, click the text link to scroll to that section. Relates to scanning information from driver's license, allows a merchant to scan the machine readable zone of an individual's Department of Motor Vehicles issued identification card or driver's license in order to verify authenticity of such or to verify the identity of the individual when the individual requests a service pursuant to a membership or a service agreement, allows the merchant to conduct such a scan for identity verification. Status: Failed - Adjourned Consumer protection-related litigation appears to be on the rise, in a broad range of areas that include allegations of product liability, consumer fraud, false advertising and deception, privacy and data breaches, and violations of the False Claims Act. [actionDate] => 2020-05-07 Protects consumer data. Prohibits commercial mobile service providers and mobile application developers from disclosing customer's location data to third parties. Here are the steps for Status of Legislation: There is 1 version of this bill. Status: Failed Relates to telecommunications, data privacy, prohibits collection of personal information absent customers express written approval. Virginia Consumer Data Protection Act: A Growing Wave of Comprehensive State Privacy Laws Virginia’s Consumer Data Protection Act (CDPA) is expected to be signed into … The same is true of consumers. ), Emergency medical services and trauma care, Blog – In Custodia Legis: Law Librarians of Congress, Senate - Commerce, Science, and Transportation, Senate - 05/07/2020 Read twice and referred to the Committee on Commerce, Science, and Transportation. According to CFPB staff, the bureau does not have authority to examine for or enforce the GLBA’s safeguards provisions. Establishes an exemption to the prohibition against scanning, recording, retaining, or storing information collected from drivers' licenses. Status: Failed - Adjourned Relates to data privacy, requires controllers to provide, correct, or restrict processing of personal data upon a consumer's request, requires controllers to provide a privacy notice and document risk assessment, provides for liability and civil penalties, provides the attorney general with enforcement authority. MN HB 2975 Status: Failed MN SB 433 Gives the Chief of Enforcement, and all investigators, inspectors, and deputies of the Bureau of Cannabis Control the authority of peace officers extending to any place in the state while engaged in exercising their powers or performing their duties imposed by investigating laws. Creates the App Privacy Protection Act, requires an entity that owns, controls, or operates a web site, online service or software application to identify in its customer agreements or applicable terms whether third parties collect electronic information directly from the digital devices of individuals in who use or visit its web site, online service or software application, requires the disclosure of the names of those third parties and the categories of information collected. The Act will become effective Jan. 1, … The Virginia Consumer Data Protection Act (VCDPA) of 2021 is comprehensive state privacy law that is geared towards protecting the sensitive information and privacy of Virginia residents and consumers. Requires manufacturers of smart speakers to obtain signed written permission from users before storing voice recordings. MA HB 350 IL SB 3593 For example, Virginia’s Consumer Data Protection Act applies to entities that “control or process personal data of at least 100,000 consumers.” Processing is typically defined to include any form of collection, disclosure, storage, modification, etc., while maintains is limited to retaining, holding, storing, and preserving. Since 2008, the Federal Trade Commission (FTC) has settled 34 enforcement actions against various entities related to consumer reporting violations of the Fair Credit … Status: Failed - Adjourned CT SB 134 Relates to biometric identifiers, relates to commercial purpose, relates to consent. In What Situations Would the Act Apply? Consumer data are clearly transforming business, and companies are responsible for managing the data they collect. However, FTC does not have civil penalty authority for violations of requirements under the Gramm-Leach-Bliley Act (GLBA), which, unlike FCRA, includes a provision directing federal regulators and FTC to establish standards for financial institutions to protect against any anticipated threats or hazards to the security of customer records. Status: Failed Requires an event operator to disclose the number of tickets available for sale to the general public for an event, prohibits a place of entertainment that is funded by donations, public funds, or is tax exempt from entering into exclusive ticketing contracts, prohibits ticket sellers from disclosing ticket purchasers' personally identifiable information. IL HB 2871 Requires certain businesses that collect a consumer's personal information to provide certain clear and conspicuous notices to the consumer at or before the point of collection, authorizes a consumer to submit a certain request for information to a certain business that collects the consumer's personal information, requires a certain business to comply with a certain request for information in a certain manner and within 45 days after receiving a verifiable consumer request. Requires that internet service provider requirements keep all customer information confidential unless written consent is provided by the customer. MI HB 4658 Status: Failed - Adjourned This book is a step by step guide to CCPA compliance. Status: Vetoed Status: Enacted Status: Failed - Adjourned (Recommendation 2), Consumer Data Protection: Actions Needed to Strengthen Oversight of Consumer Reporting Agencies. The California Consumer Privacy Act of 2018 (CCPA) was enacted in … This new law combines elements of the GDPR, the CCPA, and CPRA. Of those, 28% go online almost constantly and 45% go online several times a day. Status: Failed - Adjourned NY SB 1204 ME LR 2602 Featuring research on topics such as public transparency, medical research data, and automated decision making, this book is ideally designed for law practitioners, data scientists, policymakers, IT professionals, politicians, researchers, ... Relates to commerce, requires telecommunications service providers to comply with Internet privacy requirements, defines terms and modifying definitions, requires express approval of disclosure of personally identifiable information, increases civil liability threshold. Status: Failed--adjourned The PIDPT aims to establish a new administrative Personal Information and Data Protection Tribunal empowered to levy significant fines for non-compliance with the CPPA. MA SB 1936 Status: Failed--adjourned AZ SB 1614 Keypoint: The 2022 legislative session of proposed state consumer privacy legislation kicks off with the filing of a new bill in Oklahoma. NJ AB 2340 The measure is known as the Consumer Data Protection Act in both chambers of the state legislature. Amends the Personal Information Protection Act, creates an intellectual property right in persons for the continued use of the individual's personal information when there is a failure to cure a violation within thirty days or when a person's personal information cannot be certified to be fully retrieved from an entity engaging in an unauthorized acquisition or those to whom the individual's data was further conveyed. Tel: 202-624-5400 | Fax: 202-737-1069, Research, Editorial, Legal and Committee Staff, E-Learning | Staff Professional Development, Communications, Financial Services and Interstate Commerce, TELECOMMUNICATIONS & INFORMATION TECHNOLOGY, Telecommunications and Information Technology. Creates the Data Privacy Act, provides for the regulation of the use and sale of data, defines terms, establishes consumer rights to copies of information held by persons who control and process data, provides for the correction of inaccurate data, provides for restrictions on the use of personal data, provides for the enforcement of the Act by the Attorney General, provides civil penalties, preempts home rule. Status: Failed - Adjourned However, harm resulting from privacy and security violations can be difficult to measure and can occur years in the future, making it difficult to trace a particular harm to a specific breach. 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