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Washington State’s landmark privacy law has inspired other states to pass similar laws with stringent requirements on a broad range of companies and processing activities.

By Heather B. Deixler, Clayton Northouse, Austin L. Anderson, Kiara E. Vaughn, and Kathryn Parsons-Reponte

Key Takeaways:

  • On April 27, 2023, Washington State enacted the My Health My Data law (My Health My Data Act), a health privacy law that broadly applies to personal information that is or can be linked to a consumer and identifies the consumer’s physical or mental health status.
  • On June 16, 2023, Nevada passed a similar law by enacting Senate Bill 370 (Nevada Health Privacy Law).
  • Both laws apply to consumer health information not covered under health data privacy laws like the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA). However, while Nevada’s law shares similar terminology as Washington State’s law, it is narrower in scope and unlike the Washington State law, it does not include a private cause of action.
  • The requirements under both laws include publishing a consumer health data privacy policy, obtaining consent for the collection and sharing of consumers’ health data with prescriptive requirements, and establishing consumer health data rights.
  • While both laws will be enforced by the states Attorney General, the Washington State law also provides a private right of action, allowing individuals to directly bring an enforcement action against a business.
  • With certain exceptions (see small businesses and the geolocation restriction under My Health My Data), both laws will go into effect on March 31, 2024.

Washington State and Nevada have now passed health data privacy laws that impose obligations relating to the collection, processing, and sharing of “consumer health data.” Both laws (collectively, State Health Data Privacy Laws) go into effect on March 31, 2024, with some exceptions. The Washington State law’s ban on geofencing went into effect on July 23, 2023, and the law also includes a slight delay for small businesses, which are not subject to most of the law’s requirements until June 30, 2024.

California State Capital

A California court has held that the regulations the California Privacy Protection Agency adopted in March 2023 may not be enforced until March 2024.

By Michael Rubin, Joseph Hansen, Austin Anderson, and Max Mazzelli

On June 30, 2023, a day before the California Consumer Privacy Act (CCPA) as amended by the California Consumer Privacy Act (CPRA), and the accompanying regulations issued by the California Privacy Protection Agency (Agency), were set to come into force, the Superior Court of California granted a petition to restore a key aspect of the voter-enacted law: covered businesses must receive a one-year grace period between final adoption and enforcement of the CCPA regulations. Certain forthcoming regulations will also receive a one-year grace period.

Businesses will need to take additional steps to ensure compliance as exemptions under the California Consumer Privacy Act expire at the end of 2022.

By Robert Blamires, Michael H. Rubin, Robert W. Brown, and Jennifer Howes

The California legislature adjourned its 2022 session without extending the exemptions under the California Consumer Privacy Act (CCPA) for personal information collected about California residents in a personnel/HR or business-to-business (B2B) context. Therefore, starting next year all obligations (and rights) in the CCPA, including those introduced under the California Privacy Rights Act (CPRA), will extend to such information.

Aggressive enforcement may be on the horizon now that businesses have had more than two years to comply with California’s landmark privacy law.

By Michael Rubin, Joseph Hansen, Robert Brown, Max Mazzelli, and Wesley Tiu

On August 25, 2022, the California Office of the Attorney General (OAG) announced that it had settled a complaint against Sephora alleging violations of the California Consumer Privacy Act (CCPA). The public settlement was the first since the CCPA became enforceable more than two years ago.

Utah enacts data privacy legislation in the mold of California, Colorado, and Virginia, but with less onerous requirements for businesses, in what is expected to be a model for more states going forward.

By Jennifer Archie, Michael Rubin, Joseph Hansen, and Wesley Tiu

On March 24, 2022, Utah Governor Spencer Cox signed the Utah Consumer Privacy Act (UCPA), making Utah the fourth US state to enact comprehensive data privacy legislation. The UCPA was introduced on February 17, 2022, and sped through the state legislature, receiving final passage on March 3, 2022.

The UCPA, which is set to take effect on December 31, 2023, builds off existing and forthcoming privacy legislation in California, Colorado, and Virginia, but lightens some of the compliance burdens on businesses. The UCPA does not impose any new privacy obligations on businesses that are not already required in California, and businesses will be familiar with the UCPA’s requirements — all of which have appeared in existing and forthcoming state data privacy laws. In a welcome change for businesses, however, the UCPA is narrower in certain respects as compared to its analogues in California (CCPA/CPRA), Colorado (CPA), and Virginia (VCDPA). (See, e.g., Virginia Consumer Data Protection Act: Second US State Passes Comprehensive Data Privacy Legislation.)

The UCPA represents the latest in a string of state privacy laws that seek to fill a nationwide gap while Congress continues to debate the merits of a federal data privacy law. The UCPA marks a slightly different variation, as it appears to have been more directly informed by industry groups such as TechNet and the State Privacy Security Coalition. These industry groups are working toward a uniform set of privacy laws in the United States, and Utah could set an example for additional states.

This blog post discusses some of the UCPA’s key provisions.

While still in draft form, the modifications both clarify certain obligations and introduce new uncertainty for businesses covered by the CCPA.

By Jennifer C. Archie, Michael H. Rubin, Robert Blamires, Marissa R. Boynton, and Scott C. Jones

Earlier this month, the California Attorney General released modified draft regulations further clarifying, and in some cases complicating, compliance with the California Consumer Privacy Act. Key developments include narrowing the definition of “personal information,” changing the use limitations on…