The Current Status of Privacy Laws Across the United States

Spilman Thomas & Battle, PLLC Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law. Instead, the United States applies a sectoral approach to its privacy landscape, which allows privacy regulations to only apply to specific industries. As a result, states across the country have stepped into the void and passed their own data privacy laws to protect their own residents’ data. California was the first to pass a state privacy legislation and has the most comprehensive state privacy laws with the enactment of the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). The CCPA was signed into law in June 2018 and was subsequently amended by the CPRA in November 2020. The CPRA established the California Privacy Protection Agency (CPPA), which implements and enforces California’s privacy laws. Following California’s implementation of the CCPA and CPRA, many other states have implemented their own data privacy laws. In 2023, multiple state privacy laws became effective, including the Colorado Privacy Act (signed into law in 2021), the Connecticut Data Privacy Act (signed into law in 2022), the Utah Consumer Privacy (signed into law in 2022), and the Virginia Consumer Data Protection Act, (signed into law in 2021). Continuing this trend, in 2024, three more state privacy laws will come into effect. These new privacy laws include the Montana Consumer Data Privacy Act, Oregon Consumer Privacy Act, and Texas Data Privacy and Security Act. Below is a brief summary of what these three new privacy laws require: Montana Consumer Data Privacy Act Modeled after the Connecticut Data Privacy Act, the Montana Consumer Data Privacy Act limits the collection of personal data to only “adequate, relevant, and reasonably necessary” information, and it requires opt-in consent […]

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By Donato