DATA PROTECTION & PRIVACY INDEX FOR 2021 FROM THE BACKGROUND BUZZ
January | California: Employers are advised to reassess the organization’s data sharing and marketing strategies in light of the CPRA’s changed definitions of several key factors.
February | Virginia: The Virginia Consumer Data Protection Act is similar to the CCPA and GDPR, but varies in key aspects such as applicability, exemptions, and controller/processor distinction.
February | Washington: A new version of the Washington Privacy Act would categorize biometric data as sensitive information and require consent before processing the data.
February | California: Employers in California are still required to provide employees with a notice of collection “at or before the point at which” the collection of information occurs.
February | Washington: A new version of the Washington Privacy Act (WPA) was introduced, along with nine other privacy-related bills.
March | Virginia: The Consumer Data Protection Act was signed into law, making Virginia the second state to enact major privacy legislation of general applicability in the United States.
April | California and Virginia: Virginia has passed consumer privacy legislation that overlaps the California Privacy Rights Act regarding compliance obligations, but there are key differences.
April | Virginia: Virginia has become the second state to codify a major privacy and data protection law.
June | Michigan: Birth dates and other identifying information will be shielded from public consumption in a move that aims to protect people named in court documents.
July | Colorado: The Colorado Privacy Act places affirmative obligations on entities that conduct business in the state that meet one of two criteria.
August | Ohio: The Ohio Personal Privacy Act aims to bring privacy law protections to Ohio consumers by giving them control over their personal data.
August | California: A court in California ruled that neither an individual’s birthdate nor driver’s license number can be used to identify someone when searching a court’s criminal index.
August | Colorado: Colorado has become the third state to enact a comprehensive consumer data privacy law with the passage of the Colorado Privacy Act (CPA).
October | National: The U.S. E&C Committee has voted in favor of a legislative recommendation that would create a new FTC privacy bureau.
October | National: A mix of federal laws, including HIPPA, FCRA and COPPA, all contribute to how private date is handled. Just three states have their own data privacy laws.
November | National: The pandemic has increased the use of digital services and platforms, but little has been done when it comes to federal privacy legislation on data privacy.
December | National: The FTC has published its Final Rule to amend the Standards for Safeguarding Consumer Information, which applies to financial institutions.
December | New York: New York State employers who engage in electronic monitoring of employee communications will be required to notify their workers of such monitoring.
December | California: The end of the year is a great time for businesses to reevaluate their CCPA and CPRA compliance measures, including notice requirements and privacy statutes.
December | Virginia: A Final Report has been issued by the Virginia Consumer Data Protection Act that summarizes information from recent meetings.
December | National: Seyfarth Shaw LLP has presented a vlog featuring their thoughts, analysis and practical guidance on workplace privacy laws and regulations that are affecting employers.