Overview of State Comprehensive Privacy Laws 2024

It’s important to understand the different state privacy laws in the United States. While it might be easy to label some laws as “strict” or “lenient,” the reality is more complex. This blog post will give you an overview of the key similarities and differences among these laws, focusing on their background and specific requirements.

The Rise of State Privacy Laws

Since California passed the California Consumer Privacy Act (CCPA) in 2018, many other states have followed suit. As of 2024, 20 states have enacted comprehensive data privacy laws, including California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Texas, Florida, Montana, Oregon, Delaware, New Hampshire, New Jersey, Kentucky, Nebraska, and Rhode Island.

Key Similarities & differences

Despite their differences, state data privacy laws share several common elements: they generally grant consumers rights to access, correct, delete, and obtain a copy of their personal data; require businesses to inform consumers about their data handling practices and obtain consent for specific activities; are enforced by state attorneys general; and apply to businesses that collect and process personal data from residents of the respective state.

While there are similarities among these laws, there are also important differences:

California’s Unique Approach

California’s privacy laws are distinct in several ways:

1. Broad Definitions: California uses wide-ranging definitions similar to those found in the EU’s GDPR.
2. Regulatory Scope: It regulates companies based on their annual revenue and includes employees in its definition of “consumer.”
3. Data Sharing: California regulates both the sale and sharing of personal information.
4. Dedicated Agency: It’s the only state with a dedicated agency for privacy enforcement—the California Privacy Protection Agency.

Colorado, Connecticut, and Virginia

These states have many similarities in their privacy frameworks:

1. Key Terms: They use consistent terms like “controller” and “processor.”
2. Consumer Rights: They offer rights not found in California, such as the right to appeal a company’s decision on data requests.
3. Opt-In for Sensitive Data: These states require consumers to opt-in before their sensitive data can be processed.

Utah’s Approach

Utah’s law is similar to those of Colorado, Connecticut, and Virginia but is narrower:

1. Fewer Obligations: It imposes fewer requirements on businesses.
2. Limited Consumer Rights: It offers fewer rights to consumers compared to other state laws.

Emerging Trends

As more states enact privacy laws, several clear trends are emerging. Many states are adopting similar frameworks, allowing businesses to more easily comply across state lines. There is also a growing emphasis on protecting sensitive personal information, reflecting an increased focus on data privacy. Additionally, some states are granting rulemaking authority to agencies or attorneys general, empowering them to enforce these laws more effectively.

The rise of state privacy laws brings several challenges for businesses

The rise of state privacy laws presents several challenges for businesses, including the complexity of navigating a patchwork of state-specific requirements. Adapting to these varying laws can be costly, particularly for smaller companies. Additionally, compliance with one state’s law may at times conflict with the requirements of another, further complicating implementation efforts.

Keep in mind that this landscape is always changing. More states may pass their own privacy laws in the future, and existing ones may be updated or revised. While federal privacy legislation is still uncertain, it could significantly change how state privacy laws operate. Understanding state comprehensive privacy laws means looking beyond simple labels like “strict” or “lenient.” Each law reflects its state’s unique approach to protecting consumer privacy. As future privacy professionals, your ability to navigate this complex landscape will be essential. Stay informed about new developments in these laws and understand their nuances. Being prepared for changes will help anyone succeed in the ever-evolving world of privacy protection.