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CCPA – Other States’ Efforts to Follow the California Privacy Law and GDPR

What other states are going to pass a privacy law after California passed the CCPA? The 2019 legislative session is in full swing and a few state legislatures are considering privacy bills that contain some or all of the text of the California Consumer Privacy Act. Here is our coverage of them:

Texas Privacy Law creates Texas Privacy Protection Advisory Council
Texas passed HB 4390 to create the Texas Privacy Protection Advisory Council and study online privacy laws in Texas, among other things. The bill was co-authored by a bipartisan group of four Texas state representatives and was signed into law by the Texas Governor earlier in June.

Maine Adopts ISP Privacy Law
Maine Governor Janet Mills signed into law privacy bill SP275 / LD946 in the first week of June to regulate data privacy practices at internet service providers (ISPs) operating in Maine. The new privacy law will take effect on July 1, 2020. Known as An Act to Protect the Privacy of Online Customer Information, it will be codified at 35-A M.R.S. c. 94. The law follows an effort last year to pass a similar ISP privacy bill in Maine that was unsuccessful.

Nevada Senate Bill 220 Becomes Law – Allows Consumer Opt-Out of PI Sales
The Nevada governor signed a limited privacy bill (SB-220) last week to allow consumers to opt-out of the resale of their personal information. The bill is modeled after the portion of the California Consumer Privacy Act (CCPA) that allows consumers to opt-out of the sale of their personal information, with a few key changes. It does not include any other sections of the CCPA, such as the data subject access rights.

New York State Considers NY Privacy Act
A group of New York State Senators led by Senator Kevin Thomas has introduced Senate Bill S5642, the NY Privacy Act, into the state Senate to provide consumers with a new comprehensive privacy law. Wired called this privacy bill “even bolder than California’s” in a recent article. In addition to its data subject access rights (a core part of the California Consumer Privacy Act), it also has a duty of care provision and a consent requirement for processing.

Texas Considers Consumer Privacy Act and Privacy Protection Act
Texas has joined the states considering privacy legislation. There are two bills under consideration. The Texas Consumer Privacy Act replicates many of the rights and business requirements of the California Consumer Privacy Act. The Texas Privacy Protection Act (HB 4390) governs the processing of personal identifying information (PII) by certain businesses over the internet.

Summary of Public Hearings on Maryland Online Consumer Protection Act
Maryland held two public hearings this week concerning the Online Consumer Protection Act. One hearing was on House Bill 901 in the Economic Matters Committee on Wednesday. The other hearing was on Senate Bill 613 in the Finance Committee today (Friday). There was a fair amount of support in favor of Maryland taking action on data privacy, although plenty of asks for particular amendments by panelists and questions around how enforcement would work for non-Maryland businesses from legislators.

Summary of Washington Privacy Act after Senate Passes
The Washington state Senate voted 46-1 this week to adopt the Washington Privacy Act (SB 5376). The bill was introduced by Senator Reuven Carlyle (D-Seattle) in January. If adopted by the House, Washington would become the second state to adopt a major addition to its consumer privacy law since Cambridge Analytica last March. It follows the lead of California which passed the California Consumer Privacy Act (CCPA) last June although it is in some ways more similar to aspects of the European Union’s General Data Protection Regulation (GDPR).

Maryland Online Consumer Protection Act
Maryland SB613 is the Online Consumer Protection Act. It was introduced by Senator Susan Lee, a Democrat representing District 16 (Montgomery County) and the Senate Majority Whip. The House version of the bill is HB0901. HB901 is sponsored by Delegates Ned Carey, Benjamin Brooks and Terri Hill.

WaPA in Senate Ways & Means
The Washington State Senate Ways & Means Committee held a public hearing on the Washington Privacy Act (SSB 5376) (and subsequently approved it). The Substitute Senate Bill was approved by the Senate Committee on Environment, Energy & Technology on a 11-0 vote earlier this month and referred to Ways & Means.

Rhode Island, Hawaii and New Jersey
Summary of Rhode Island S0234 – the Consumer Privacy Protection Act, Hawaii SB 418 and New Jersey A-4902 / S2834.

North Dakota Privacy Study
A North Dakota bill to study data broker privacy issues ahead of the 2021 legislative session is moving through the North Dakota Legislative Assembly (and subsequently was approved by the legislature). North Dakota HB 1524 was initially a bill to regulate data brokers, modeled after the Vermont data broker law. It was to require that data brokers operating in ND register with the secretary of state. After a hearing discussing the regulation of privacy, the bill was amended to perform a study.

Massachusetts SD341
Massachusetts is the latest state to consider copying the California Consumer Privacy Act (CCPA). MA Senator and Democrat Cynthia Stone Creeme proposed SD341, An Act Relative to Consumer Data Privacy. The privacy bill has three cosponsors in addition to the Senator. If adopted, SD 341 would permit consumers to request a business provide a copy of their personal information, request deletion of their personal information, and opt out of certain third-party disclosures.

Notes from Washington Privacy Act Hearing
The Washington State Senate Committee on the Environment, Energy & Technology held a public hearing yesterday on SB 5376, the Washington Privacy Act, which was proposed in the Washington legislature last week. Senator Carlyle, the prime sponsor of the bill, is also the chair of this committee. After a brief summary of the proposed privacy bill, there were a few different speakers that commented on the legislation.

Washington State Considering New Privacy Act – SB 5376
The Washington state legislature is now considering a new privacy law to address data privacy, provide data subject access rights and regulate the development of facial recognition technology. The Washington Privacy Act was introduced into the state senate last week as SB 5376.

New Mexico Privacy Bill Copies CCPA
A new privacy bill has been introduced into the New Mexico legislature by State Senator Michael Padilla (D) called the Consumer Information Privacy Act. SB 176 copies in large part the privacy protections and obligations of the California Consumer Privacy Act (CCPA).

New York Proposed Right to Know Act
A new privacy bill was introduced into the New York State Senate last week to provide New York residents with the right to access their personal information held by businesses. NYS Senate Bill 224 is not as extensive as the requirements imposed by either the European Union General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA). It only appears to include the right to access from the data subject access rights. It does not include the right to correct or delete personal information. The law was introduced by New York State Senator Brad Hoylman.

Last Update: July 3, 2019