New Data Privacy Laws 2022

In addition, the ADPPA requires businesses to minimize their data collection practices to collect only the data necessary for the operation of their business. The bill also prohibits companies from charging users a fee to access their own personal information (there are some narrow exceptions, such as loyalty programs or when financial data is used to complete a transaction). In addition, the bill would expand the privacy rights of minors, including prohibiting companies from distributing targeted advertising to users under the age of 17. Relates to computer data privacy, enacts the Oklahoma Computer Data Privacy Act, defines the terms, provides that this law applies to certain companies that collect personal information from consumers, provides exceptions, requires compliance with other laws and legal process, and requires that this law be interpreted generously to ensure that its effects are consistent with other laws concerning the privacy and protection of personal data. bring. Very useful summary. Following the article, think about how the new data location/sovereignty and governance rules add complexity and data protection requirements. Regulates the use of genetic data by direct-to-consumer genetic testing companies, including a requirement for a consumer-directed genetic testing company to provide consumers with certain information about the company`s policies and procedures and to obtain certain consumer consents before collecting, using or disclosing consumer genetic data. These rights are specific to the law. Several laws allow consumers to restrict marketing activities with their personal data. In the context of CAN-SPAM, for example, individuals may choose not to receive commercial (advertising) emails. According to the TCPA, individuals must provide explicit written consent to receive marketing calls/SMS on mobile lines.

California`s Shine the Light Act requires companies that share personal information for the recipient`s direct marketing purposes to opt out or provide certain disclosures to the consumer about the information shared with whom. The following article first analyzes the 2022 legislative cycle and identifies emerging issues and trends. He then takes an admittedly premature look at the next legislature in 2023 and shows how it can differ from the 2022 session. Unfortunately, you can`t know for sure which data brokers have your data. Also, the only thing you can do is delete your data from a data broker`s archives, ask them to do it, and hope they follow up. All three rights include the right to request records, subject to exceptions to the Privacy Act; the right to request an amendment to documents that are not accurate, relevant, timely or complete; and the right to be protected against unjustified invasion of privacy resulting from the collection, retention, use and disclosure of personal data. There is no uniform data protection legislation in the United States. On the contrary, a jumble of hundreds of laws enacted at the federal and state levels serves to protect the personal information of U.S. citizens.

At the federal level, the Federal Trade Commission Act (15 U.S. Code § 41 et seq.) empowers the United States. The Federal Trade Commission (FTC) largely takes enforcement action to protect consumers from unfair or deceptive practices and enforces federal privacy and privacy regulations. The FTC has argued that “deceptive practices” include the failure to live up to its published privacy promises and a company`s failure to adequately secure personal information, as well as the use of deceptive advertising or marketing methods. HIPAA is one of the most important data protection laws in the United States. This is a far-reaching law that prevents your protected health information (PHI) from being shared by a medical facility without your consent. The FTC also requires notifications of data breaches, so if a medical provider has suffered a data breach, they must immediately notify all of their patients. Efforts to enact business-friendly national privacy laws In some cases, privacy laws may require a company to ask its users for explicit permission to process their data in a certain way. In other cases, they may allow a user to access and view all the data that a company or government has about them, or even request the permanent deletion of that data. First, the ADPPA establishes a federal right of first refusal for state privacy laws, meaning its provisions would replace many existing state privacy laws.

However, the bill excludes the possibility of a right of first refusal in sixteen areas of law, including state laws that provide for specific civil rights laws, criminal codes, student and staff privacy, data breach reporting requirements, facial recognition, and financial and medical records. The many exceptions to the pre-emption clause of the law are indicative of the bipartisan compromise that the passage of the law will require. For example, the provisions of the ADPPA, if passed, would not prejudge Illinois` Biometrics Information Privacy Act (BIPA) or several key elements of the California Privacy Rights Act (CCPA). Conversely, the bill is expected to anticipate large parts of the privacy laws of Colorado, Virginia and Connecticut. In other words, the question of exactly what this bill would do will be a central issue if passed. In this roundup of key findings from the Morgan Lewis Tech Marathon and Technology Innovation in Asia webinar series, we look at the patchwork of privacy laws and laws evolving in the U.S., U.K., Europe, and China. China`s dynamic data protection regime continues to evolve. Regardless of the size of the company operating in China, these developments will affect almost every company doing business in China, as regulations protect everything from customer data to employee hiring documents. In addition to the aforementioned U.S. Privacy and Data Protection Act, there have been recent developments in data privacy and security at the Capitol, as well as the Federal Communications Commission and the Federal Trade Commission (FTC). Relates to consumer data protection law, relates to sensitive data, provides that for the purposes of consumer data protection law, personal data revealing racial or ethnic origin, religious beliefs, mental or physical diagnoses, sexual orientation or citizenship or immigration status are considered sensitive data only if they are used to make a decision related to matters legal or similar has a significant impact on a consumer. 17.2 What guidelines has the data protection authority issued? The Virginia Consumer Data Protection Act (CDPA) shares many similarities with the CCPA and GDPR and is based on the same principles of personal data protection.

The companies concerned have the same responsibilities as under the CCPA, including the right to access, view, download and delete personal data from a company`s database. The CPA applies to businesses that collect personal information from 100,000 Colorado residents or data from 25,000 Colorado residents and derive a portion of the revenue from the sale of that data. California has a long history of passing privacy laws, and in 2018, the state enacted the California Consumer Privacy Act (CCPA), which went into effect on January 1, 2020. The law introduced new obligations for the companies concerned, including the obligation to disclose the categories of personal data that the company collects about consumers, the specific personal data that the company has collected about the consumer, the categories of sources from which personal data is collected, the professional or commercial purpose of the collection or sale of personal data. and the categories of third parties with whom the Company shares personal data. It also introduced new rights for California residents, including the right to request access to and deletion of personal information and the right to opt out of selling personal information to third parties. In addition to industry-specific data protection laws, the U.S. is experiencing a massive push to advance data protection legislation at the state level. This is because the federal government has not been able to reach a consensus on how the law should be applied broadly.

Instead of waiting, state lawmakers have come under pressure from consumers, consumer advocates and even businesses to set their own rules. Of course, companies prefer to adhere to a single federal standard rather than hire a lawyer to review every statewide law they must comply with. But government initiatives are a stopgap. And if that`s what states have to do, that`s what they have to do. California triggered the domino effect. While it is true that so far only one other state has been able to pass a comprehensive law, many states are trying. Even though their first bills failed in previous legislatures, they serve as a benchmark for where Republicans and Democrats agree and what needs to be changed before a deal can achieve its end goal: the governor`s office. Here is a breakdown of the state of affairs. After all, it doesn`t look like Florida will try to pass privacy laws in 2023. In 2021, Florida`s House and Senate each passed privacy laws, but failed to resolve disputes before the end of the legislature.