Joanne Furtsch

New comprehensive and targeted state privacy laws create significant operational complexities for national companies. Phil Yannella and Timothy Dickens discuss the growing patchwork of state privacy laws and the passage of three new state laws in Maryland, Minnesota, and Vermont in this Thomson Reuters Westlaw Today article. #privacylaws #stateprivacylaws #litigation

14

A great review of the latest state privacy law - Minnesota - and the question mark surrounding what could be the 20th state privacy & data protection law.

2

Eyeing a major shift in data control? The American Privacy Rights Act (APRA), a reworked federal privacy bill, just cleared a key House subcommittee. This is a significant development, but the path to becoming law remains to be seen. The APRA aims to empower Americans with greater control over their personal data, dictating how businesses collect and leverage it. Additionally, it strengthens online privacy safeguards for children. While some hail this as a victory for consumer rights, others express concerns about potential impacts on innovation or the bill's overall effectiveness. What's your take...does the APRA represent a positive step forward, or is it a missed opportunity? #privacy #APRA #dataprivacy #cybersecurity

5

#NEW🚨: On May 19, the Minnesota Legislature passed HF 4757, the Minnesota Consumer Data Privacy Act (MNCDPA), and sent the bill to Governor Walz for signing. The MNCDPA is amongst the strongest iterations of the Washington Privacy Act framework. FPF’s Jordan Francis highlights 9 things about the MNCDPA that set it apart in the state privacy landscape, including: ➡️ Contesting Profiling Decisions: Establishes a new right to contest adverse profiling decisions. ➡️ Heightened Security Requirements: Requires controllers to conduct a data inventory, appoint a chief privacy officer or similar role, and not retain data for longer than reasonably necessary for its purpose. ➡️ Protections Against Reidentification: Prohibits controllers, processors, and third parties from attempting to reidentify the subjects of data that was collected with only pseudonymous identifiers. Read our new blog post to learn more about the novel provisions in MNCDPA and what it means for the state privacy law landscape! https://lnkd.in/gnus9ERd hashtag #stateprivacy hashtag #minnesota

13

Different modes of communication may require various methods of managing and reviewing these forms of communication. This week’s topic is about the handling of short messages during eDiscovery: Communication has undergone transformative shifts over the past few decades, from the advent of email to the current dominance of chat and instant messaging platforms in business interactions. Managing and reviewing data from these platforms presents challenges, including varied export formats and the need for specialized tools for collection and review. In response, solutions like the Relativity Short Message Format (RSMF) have emerged, aiming to standardize and improve the review experience. Looking forward, staying adaptable and prepared for further changes in collaboration software is essential for effectively navigating the evolving landscape of business communication. Thank you for tuning in for eDiscovery updates, hope everyone has a splendid and sunny rest of the week! 📖Click on the link to read the full article👇 https://lnkd.in/gAd-UFs 🌏A Trusted E-Discovery Partner, Intellectual Data : https://zrr.kr/WAJ5 #ediscovery #e디스커버리 #이디스커버리 #legal #리걸 #legaltech #리걸테크 #특허소송 #국제특허소송 #국제소송 #특허분쟁 #국제특허분쟁 #인텔렉추얼데이터

8

Companies in California or with customers in California, the best way to stay compliant is to participate along the way! Join the CPPA in their stakeholder sessions!

2

The Vermont Data Privacy Act may seem like just a drop in the bucket along with the 17 other states that have passed consumer privacy laws in the last six years. But the VDPA is unique in its stringent data minimization requirements AND the private right of action it gives consumers who believe their rights have been infringed. Here’s my question: with 32 other states considering their own consumer privacy laws, how many will look to Vermont as a model and afford consumers a private right of action? If Vermont replaces Virginia as the consumer privacy model, we could see even MORE scrutiny of corporate privacy practices. Read more in my latest blog available here: https://lnkd.in/gaqaPed4

7

Some 18 months on from the failed American Data Privacy and Protection Act (ADPPA), there is another proposed federal privacy law. House and Senate committee leads released a new proposal for the bipartisan American Privacy Records Act (APRA) on April 7. There is a lot of discussion around this bill, which is subject to change and not certain to become law. Read this Data Privacy Dish blog written by Liz Harding for a few initial observations on the bill: https://buff.ly/3QnzSze. #GTBlogs #GTLawWomen #DataPrivacy #Congress #Cybersecurity #Privacy

7

Keller and Heckman Partner Peter Craddock will present at the 2024 Privacy Symposium, to be held in Venice, Italy on June 10 – 14, 2024. Peter will serve as a panelist on the “Privacy by Design Online Marketing” panel, which will explore the emerging innovative approach to marketing in the digital realm that utilizes the concept of privacy by design. For more information about the symposium, including how to register, please click the link below. #Privacy #DigitalMedia #DigitalMarketing

8

The newest episode of #seriousprivacy is out! Paul Breitbarth and ❤️ of Privacy, K Royal, JD, PhD discussing one of the most fundamental parts of a successful #dataprotection or #privacy program - #data inventories! Join us for the FUN and daMental part of our lives. https://lnkd.in/eECYndnW

2

(JDSUPRA) Minnesota has become the 18th state to enact a comprehensive consumer privacy law. On May 24, Gov. Tim Walz (D) signed the Minnesota Consumer Data Privacy Act into law to provide privacy rights to Minnesotans and to impose new requirements on businesses and organizations handling personal data. For most covered entities, the law will go into effect on July 31, 2025. Applicability The MNCDPA applies to entities that conduct business in Minnesota or produce products or services that target Minnesota consumers and, during the immediately preceding calendar year, meet one of the following thresholds: 🔹 Control or process the personal data of 100,000 Minnesota consumers or more; or 🔹 Derive more than 25 percent of gross revenue from the sale of personal data, and process or control the personal data of at least 25,000 Minnesota consumers. #state #privacy #stateprivacy #privacylaw #minnesota #regulations #compliance #regulatorycompliance #governance #Buckler #privacyrights https://lnkd.in/eUAEGSXa

2

🚨 New Privacy Laws Alert! 🚨 Starting July 1, 2024: Colorado Privacy Act: Businesses must respect Global Privacy Control signals for data opt-out. This includes using browser-level extensions or mobile signals to communicate “do not sell or share” preferences. Companies that recognize GPC are better equipped to respect consumer data preferences. 🌐 Oregon Consumer Privacy Act: Applies to businesses processing data of 100k+ Oregon consumers or deriving 25%+ revenue from selling data. There is no revenue threshold, making it broadly applicable to businesses handling Oregon residents' data. Texas Data Privacy and Security Act: Texas residents gain comprehensive privacy protections, including opt-in consent for sensitive data, data subject rights, and recognizing universal opt-outs like the GPC. Companies must post verbatim notices if they sell sensitive or biometric data. Florida Digital Bill of Rights: Targets Big Tech companies making $1B+ in global revenue and deriving significant income from ads or operating major digital platforms. Requires transparency in data handling, especially for sensitive and biometric data. Sets a higher standard for children's data protection, defining a child as anyone under 18. Companies must provide clear descriptions of how algorithms rank search results, including political ideology parameters. These laws will impose new obligations on businesses processing residents' data in these states. Combined, they cover 55 million people, significantly expanding privacy protections in the U.S.

6

2 Comments

Unveiling the American Privacy Rights Act (APRA) CheatSheet:   Explore this cheat sheet summarising the key points of APRA. This significant measure was announced on April 7, 2024, by House Committee Chair Cathy McMorris Rodgers and Senate Committee Chair Maria Cantwell, which aims to set national standards for consumer data privacy and security.    Source: https://lnkd.in/dPKVsB2h #dataprivacy #US #Americanprivacylaw #cheatsheet #APRA

61

Lots of legacy privacy vendors get a bad rap for customer support. (Looking at you, OneTrust 👀) Can Ketch do better? Just ask Stephanie Carver from Renaissance. After noticing many vendors were lacking the ability to enforce consent signals and detailed jurisdictional settings, Renaissance chose to partner with Ketch for consent management. The result? Renaissance is set up for future business growth with a scalable consent management platform. With Ketch handling privacy requirements, Renaissance’s teams can focus on what they do best: designing products to accelerate student learning. THAT'S a win 🙌 #DataPrivacy #EdTech #CPRA

12

1 Comment

As an OG in the privacy field, I have participated in the movement towards regulatory excellence over recent decades and experienced how regulatory frameworks have dynamically evolved to keep pace with rapid industrial advancements (think about the automobile 🚗). With the expansion of existing regulatory rule books and the emergence of new ones, we have unprecedented opportunities to deepen our global engagement - striving for regulation that is effective, efficient, equitable, and just. The launch of the International Association on Regulation and Governance is another great example of how the field of interdisciplinary regulatory governance is expanding and fostering international cooperation in regulation and compliance. I look forward to the continued growth, cross-border and cross domain collaboration, and excellence in this field. https://lnkd.in/d7H3KJBT

55

7 Comments

'Covered data' under the proposed American Privacy Rights Act: A cursory search of the American Privacy Rights Act discussion draft does not yield the term "personal data." IAPP Westin Research Fellows Andrew Folks, CIPP/E, CIPP/US, CIPM, and Luke Fischer explain how drafters "eschewed attaching the modifier 'personal' to the elemental definition of the data it covers," instead using a "covered data" terminology that "draws heavily from privacy and data protection regimes in the states and abroad." Full story #dataprotection #dataprivacy #privacy

2

🚨 New federal data privacy initiative! The American Privacy Rights Act aims to unify privacy laws across the US. Key aspects include comprehensive coverage, enhanced enforcement powers and strict compliance obligations for data and biometric processing. Will this be the breakthrough we need? #DataPrivacy #APRA #TechLaw #FosterGarvey

3