US data regimes
There has been a significant amount of activity across the pond in relation to privacy recently. Things almost seem to be happening on a daily basis!
Eight states have now enacted comprehensive privacy laws:
- California – (the California Privacy Rights Act, amending the California Consumer Privacy Act) came into force this year)
- Virginia (came into force this year)
- Iowa (enacted March 2023)
- Indiana (enacted May 2023)
- Tennessee (enacted May 2023)
Montana, Florida and Texas are in the final stages of enacting their own privacy laws and Arkansas has enacted a Social Media Safety Act.
These new acts are being seen as a move from a harms-based protection regime to a rights-based focus in relation to data privacy.
The Federal Trade Commission has also been active, issuing fines/statements/orders in relation to a number of matters such as the unlawful use of automated systems, unlawful sharing of data by the therapy business Better Help and deceptive advertising.
The federal privacy law (the proposed American Data Privacy and Protection Act) continues to be considered by Congress, although the path for this bill seems less clear.
For those organisations whose activities fall within several states’ jurisdictions, things may become a bit more complex from now on. Things are moving fast and we would advise keeping a close eye on developments.