Keeping Up with Data Privacy Laws Across the United States

In 2023, the United States witnessed a significant shift in data privacy laws, with states implementing new statutes protecting consumer data. The California Privacy Rights Act (CPRA), the amended California Consumer Privacy Act (CCPA), and the Colorado Privacy Act (CPA) were among the key legislations that came into effect, as reported in an article by Reuters. 

A host of new privacy laws were unveiled by Virginia, Iowa, Indiana, Montana, Tennessee, Texas, Florida, Washington, and Oregon — with effective dates ranging from 2023 to 2026. The rights enacted were modeled after the European Union’s General Data Privacy Regulation (GDPR). 

Businesses engaging in the collection and processing of personal data were advised to focus on three key areas: the scope of the law, the rights granted to consumers, and how the law is enforced. The scope of these laws typically applies to entities conducting business in a state or providing products/services targeting its residents, with variations in defining “consumer,” data thresholds, and revenue criteria.

Consumers were granted rights to access, delete, and obtain copies of their personal data, with the ability to opt out of data processing and sales, as seen in the majority of laws. In particular, Washington’s My Health My Data Act focused on health data privacy, and Florida’s law provided opt-out rights for the collection of personal data through voice recognition features.

Non-compliance with these privacy laws can result in severe consequences, with fines and enforcement mechanisms varying across states. For instance, Iowa and Indiana provide a cure period before imposing fines, while Tennessee allows the attorney general to seek relief and impose treble damages for willful violations.

As the data privacy laws have continued to proliferate, businesses are urged to stay informed about developments in the various states, with additional legislation pending in Maine, Massachusetts, New Hampshire, New Jersey, North Carolina, Pennsylvania, and Wisconsin.