States are ramping up in the new year with more proposed legislation in the absence of movement on federal law. In the coming months, the Colorado Privacy Act and Connecticut Personal Data Privacy and Online Monitoring Act will go into effect on July 1st, the Utah Consumer Privacy Act hits on December 31st, and other states want to join the fray.
Of those listed above, Indiana and Oregon are proposing the most comprehensive laws. If Indiana and Oregon can pass, that will greatly affect companies that haven’t fallen under other comprehensive laws like CCPA, CPRA, or VCDPA, but for those who are already on the compliance journey, they don’t pose significant changes. However, the New York Privacy Act will introduce intricacies that organizations need to keep an eye on and furthers the new wave of potential legislation.
The New York Privacy Act has unique obligations including strong consent requirements, introduces a limited private right of action and a revenue threshold. This version doesn’t include the data fiduciary but some of the conspectuses still persist in the form of managing personal data “responsibility” thus still indicating a more general duty. At this time, the proposed New York Privacy Act would have the greatest impact on US com