Leveraging Knowledge to Manage Your Data Risks
On July 10, 2024, the U.S. District Court for the Eastern District of Wisconsin granted plaintiffs’ Motion for Final Approval of a $12.2 million proposed settlement by Advocate Aurora Health to settle allegations against the 27-hospital system that it disclosed personal information of more than 2.5 million people to Meta and Google without consent.
The…
It is sometimes hard to identify a scam, especially when it involves payment with a check. We are all wary of promises to pay electronically and to provide our bank account numbers for direct access to our bank account (well, we all should be).
A new scam being reported to the FTC is targeting young…
Minnesota was the nineteenth state to pass a comprehensive data privacy law, the Minnesota Consumer Privacy Act (H.F. 4757) (MCPA), which becomes effective on July 31, 2025.
While we continue to see more of these laws popping up across the country, one of the most important analyses that a business can do when these new…
Some writers (not from my great state of Rhode Island) act like Rhode Island has been behind the times when it comes to data privacy and security when discussing the state’s new privacy law. I feel a need to explain that this is just not so. Rhode Island is not a laggard when it comes to data privacy.
Rhode Island has had a data privacy law on its books for a long time, though it was not called a privacy law. It was the Rhode Island Identity Theft Protection Act, which was enacted in 2015. It was designed to protect consumers’ privacy and provide data breach notification. It was amended to include data security requirements in the footsteps of the then-novel Massachusetts data security regulations. It was a one-stop shop for data privacy, security, and breach notification. Still, it did not provide individuals the right to access or delete data and was not as robust as new data privacy laws. Rhode Island was an early state to include health information in its definition of personal information that requires breach notification in the event of unauthorized access, use, or disclosure of health information. Many states still do not include health information in the definition of breach notification.
But just so the record is clear, consumer protection has been in the DNA of Rhode Island’s laws for many years, and the new privacy law was an expansion of previous efforts to protect consumers.
The new privacy law in Rhode Island expands the privacy protections for consumers and is the latest in a wave of privacy laws being enacted in the United States. As of this writing, 19 states have new privacy laws, and Rhode Island makes it 20.
All of the privacy laws are fairly similar, except for California, which is the only state to date that provides for a private right of action in the event of a data breach (with requirements prior to the filing of a lawsuit).
That said, for those readers who will fall under the Rhode Island law and are in my home state, here are the details of the law (the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA)) of which you should be aware:Continue Reading Rhode Island’s New Data Privacy Law
On May 9, 2024, Governor Wes Moore signed the Maryland Online Data Privacy Act (MODPA) into law. MODPA applies to any person who conducts business in Maryland or provides products or services targeted to Maryland residents and, during the preceding calendar year:
Last week, the Vermont legislature passed H. 121, the Vermont Data Privacy Act. This law will make Vermont the 18th state to grant consumers privacy rights similar to those under the California Consumer Privacy Act (CCPA). It is scheduled to go into effect on July 1, 2025.
While the Vermont Data Privacy Act…
Congress is once again entertaining federal privacy legislation. The American Privacy Rights Act (APRA) was introduced by Senate Commerce Committee Chair Maria Cantwell (D-WA) and House Energy and Commerce Chair Cathy McMorris Rodgers (R-WA).
Unlike current laws, the APRA would apply to both commercial enterprises and nonprofit organizations, as well as common carriers regulated by…
Last month, Nebraska passed the Nebraska Data Privacy Act (NDPA), making it the latest state to enact comprehensive privacy legislation. Nebraska joins California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Oregon, Texas, Florida, Delaware, New Jersey, New Hampshire, Kentucky, and Maryland. The law will take effect on January 1, 2025.
The NDPA applies to…
The California Privacy Protection Agency (CPPA) recently issued an enforcement advisory encouraging covered businesses to focus on their data minimization obligations related to consumer requests under the California Consumer Privacy Act (CCPA). The advisory categorizes data minimization as a “foundational principle” of the CCPA and reflects the reasons why businesses will apply this principle for…
U.S. Senator Maria Cantwell (D-WA) and U.S. Representative Cathy McMorris Rodgers (R-WA) have made a breakthrough by agreeing on a bipartisan data privacy legislation proposal. The legislation aims to address concerns related to consumer data collection by technology companies and empower individuals to have control over their personal information.
The proposed legislation aims to restrict…
