Showing Posts In "Data Protection and Privacy" Category

The Texas Data Privacy and Security Act (TDPSA): All the Basics

The Texas Data Privacy and Security Act (TDPSA) has been signed into law, regulating the use, processing, and treatment of consumers’ personal data. The TDPSA is similar to other laws but does contain a few unique provisions, requiring additional disclosures for companies and entities that sell sensitive or biometric information. The Texas privacy law takes […]

Q1 2024 Data Privacy Review: Kentucky, New Hampshire, and New Jersey Pass Comprehensive Data Privacy Laws

New Jersey, New Hampshire, and Kentucky all recently passed privacy legislation aimed at safeguarding rights and regulating the handling of personal data. The New Jersey Data Protection Act is effective as of Jan. 16, 2025, New Hampshire’s “An Act to the Expectation of Privacy” will go into effect Jan. 1, 2025, and the Kentucky Consumer […]

How State Privacy Laws Affect Your Background Screening

Michigan and California have enacted laws and policies that prioritize individual privacy and fairness in hiring practices. In Michigan, for instance, several “clean slate” laws affect how criminal records can be assessed and used, while the more restrictive “California Fair Chance Act” restricts employers from inquiring about criminal history until a conditional job offer has […]

New Jersey Enacts Privacy Law

New Jersey’s State Legislature has passed the Disclosure and Accountability Transparency Act, which will be effective January 8, 2025. The Data Act adopts many elements and terminology from the European Union’s General Data Protection Regulation (GDPR). It defines personal data very broadly and applies to controllers that determine the purposes and means of processing Personal […]

New Hampshire Enacts Privacy Law

New Hampshire’s State Legislature has enacted the Expectation of Privacy Act, effective January 1, 2025. The Act defines “personal data” very broadly and applies to “controllers,” defined as individuals or legal entities that determine the process and means of processing Personal Data. The Act grants consumers broad rights and specifically provides a definition for sensitive […]

CFPB Issues Background Screening, File Disclosure Advisory Opinions

The Consumer Financial Protection Bureau (CFPB) has issued two advisory opinions addressing consumer reporting agencies’ (CRAs) obligations, under the FCRA. The opinions relate to information included in background check reports and consumer file disclosures, while also expanding on a coordinated federal agency effort that ensures that the “background screening industry adheres to the law” and […]

New England State Consumer Data Privacy Bills Currently Under Consideration

Twelve states have generally applicable privacy laws that impose affirmative obligations and substantive restrictions on what covered businesses must and cannot do with personal data. Several other privacy laws are under consideration across New England, including Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.

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Does US Privacy Regulation Trump a State’s Biometrics Law? Supreme Court to Decide

Healthcare workers from the University of Chicago’s Ingalls Memorial Hospital, Northwestern Memorial Healthcare, and Becton, Dickinson, have filed a biometric privacy lawsuit against the businesses. The employees claim their employers violated the state’s Biometric Information Privacy Act by forcing them to submit their biometric data the same as any private-sector employees in the state are […]

Colorado Privacy Act – Rocky Mountain Regulations

Colorado has passed comprehensive data privacy legislation, which borrows, in part, from the European Union’s General Data Protection Regulation (GDPR), California Consumer Privacy Act and the Virginia Consumer Data Protection Act. The Colorado law, however, does not exempt nonprofit organizations. The Colorado Privacy Act (CPA) is a state law that gives consumers the right to […]

CFPB Releases FCRA Rulemaking Outline Topics

The Consumer Financial Protection Bureau (CFPB) has released an Outline of Proposals and Alternatives Under Consideration, which is intended to enhance consumer protection, improve data security, and ensure fair and accurate credit reporting. The proposals address data brokers as consumer reporting agencies, credit header data, targeted marketing and aggregated data, permissible purposes for consumer reports, […]