State Privacy Laws in the USA

July 30, 2021 3 min read

State Privacy Laws in the USA

In the last couple of years within the United States of America, several states have recently enacted new legislation to address advances in cybersecurity, medical privacy, and other privacy-related laws.

More than a quarter of the states in the United States have introduced comprehensive data privacy legislation. However, only a few of the state's proposed legislation have advanced to the cross-chamber or cross-committee level, which means they have been debated in their respective state legislatures and are close to being signed into law.

See the below chart for a number of the Proposed Privacy Laws, Their Current Status, and what Rights they protect:

state privacy laws
state privacy laws - 2

 

state privacy laws - 3
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This Chart lays the information out pretty clearly in what you are protected from depending on the state. As we have discussed before, many companies may be doing this or have been doing it for a period of time. If you are in the right state, you can now ask for that information back or to be deleted.

 The following are more specifics on states that have passed Privacy Related Legislation:

California

Expands the protections for personal information held by consumers. Allows customers to:

  1. Businesses should not be allowed to share personal information.
  2. Access any personal information
  3. Limit the use of "sensitive personal information" by enterprises, including precise geolocation, race, ethnicity, religion, genetic data, private communications, sexual orientation, and specific health data.
  4. Delete any personal Information

Creates the California Privacy Protection Agency, which will be responsible for enforcing and enforcing consumer privacy laws and imposing fines. Changes the requirements that enterprises must meet to comply with the law. Maximum penalties for offenses involving consumers under the age of 16 are tripled.

Virginia

The second after the California legislation, Establishes a framework for the Commonwealth's control and processing of personal data. The law applies to anybody who does business in the Commonwealth and either.

  1. Does business with at least 100,000 Virginia Residents within a Calendar Year
  2. Generate over 50% of total revenue from the sale of personal data.

This law is based off of California's Consumer Privacy Act, while additionally the law establishes obligations for data controllers and processors, as well as privacy protection measures. Consumers have the right to access, rectify, delete, and receive a copy of their data and opt-out of personal data processing for targeted advertising under the legislation. Finally, that any company or "controller" must receive explicit consent before processing a customer's data.


Colorado

The Colorado privacy law SB-190, has similar traits to that of California's but also adds the following:

  1. Right to Correct any personal information
  2. Right to receive a copy of your personal data in a portable form
  3. Right to opt out of profiling (also known as a company creating a "profile" based on your economic background, health, etc.)

This law is another great step in Consumer and Personal Information being put back into the hands of everyone.


Nevada

Nevada should be mentioned as it is a step in this direction, but ultimately,

"Companies are still allowed to share personally identifiable information with their own business affiliates and, for an individual to be eligible to opt out, a business must intend to actually sell the data." Read More

While also Requires an operator(a person who owns or operates a commercial Internet website or online service or gathers and stores specific information about Nevada residents) to set up a designated request address where a consumer can send a verified request instructing the operator not to sell any covered information gathered about them.

Going Forward

A lot of what we do is because we think that your Privacy should be a given. Unfortunately, in this day and age, many companies took advantage of early loopholes to store data on their current and future consumers.

We believe that these states are just the beginning and we hope that all states will follow suit.

Until then, we're here to help.

Storing your device in a Faraday Sleeve ensures that these companies can stop tracking your habits, and deriving data that tells them where you live, where you go, how long you stay at places, and more.

Brandon Lasko
Brandon Lasko


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