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State privacy bill tracker

Privacy Policy

Popular, Privacy Bills, United States

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Donata Stroink-Skillrud

Co-founder and President of Termageddon

It seems like every day there is a new privacy scandal: too much data collected by ubiquitous apps, improper sharing of data with third parties, the use of data for nefarious purposes or just plain old data breaches. With this much going on, what are we to do? Instead of waiting for the indecision train in the federal legislature, U.S. states have decided to take matters into their own hands by proposing new privacy bills to protect the consumers of their states. While the bills all differ somewhat, if passed, they would all require updates to your Privacy Policy. 

At Termageddon, we keep track of these bills for you and automatically update your Privacy Policies when needed. We have created a state privacy bill tracker that will help you better understand the proposed bills and how they may affect your business. The privacy bill tracker discloses all bills that have been proposed by U.S. states that would affect Privacy Policy disclosures and business obligations. We do not include bills that have become law, nor bills that are dead. Here is a list of the laws that require you to have a Privacy Policy and that affect how that Privacy Policy is written. 

We update this post periodically when new bills are proposed, when bills die and when bills are passed into law. 

StateBill CitationBill NamePrivacy Policy changesBusiness size limitConsumers can sueRight to access dataRight to delete dataRight to correct dataRight to restrict processingRight to opt outOpt-in consent requiredRight to portabilityAgainst automated decision makingImposes fiduciary dutyProhibits discriminationRight to be forgotten
AlaskaH 159Consumer Data Privacy Actxxxxxxxx
HawaiiH 2051Hawaii Consumer Privacy Actxxxxxxxxx
HawaiiS2797/S2428Consumer Data Protection Actxxxxxxxxxx
HawaiiH 2341Personal Consumer Data Regulationxxxxxxxxxx
GeorgiaS 394Georgia Computer Data Privacy Actxxxxxxxxx
IllinoisH3910Consumer Privacy Actxxxxxxxx
IllinoisH2404Right to Know Actxx
IllinoisSB 3081Do Not Track Actxx
IowaHouse File 2506xxxxxxxx
IndianaH 1261Consumer Privacyxxxxxxx
IndianaS 358Consumer Data Protectionxxxxxxxxx
KentuckyS15Consumer Data Privacyxxxxxxxxxx
LouisianaH 987Louisiana Consumer Privacy Actxxxxxxxx
MassachusettsSD 1726Massachusetts Information Privacy Actxxxxxxxxxxxx
MichiganH 5989Consumer Privacy Actxxxxxxxxxxx
MinnesotaMN H36Consumer Data Privacyxxxxxxxxx
MinnesotaMN H1492/S 1408Consumer Data Privacyxxxxxxxxxx
New YorkA405Online Consumer Protection Actxxxx
New YorkA400/S1349The Right To Know Act of 2021xxx
New YorkS567/A3709Consumer Rightsxxxxxxxx
New JerseyA2188N/Axxxx
New JerseyA3255N/Axxxxxxxxx
New JerseyA1181N/Ax
New JerseySB1257/A5448Online Personally Identifiable Information Disclosurexxxxxx
New JerseyS 332Online Personally Identifiable Information Disclosurexxxxx
New JerseyA3283New Jersey Disclosure and Accountability Transparency Actxxxxxxxxx
New JerseyA 1971Commercial Internet Websites Consumer Informationxx
North CarolinaS 569Consumer Privacy Act of North Carolinaxxxxxxxxxxx
PennsylvaniaH 1126Consumer Data Privacy Actxxxxxxx
PennsylvaniaH 2257Protection of Certain Personal Data of Consumersxxxxxxxxxx
Rhode IslandH5959Rhode Island Transparency and Privacy Protection actx
VermontH 160Consumer Data Privacy
OhioHB 376Ohio Personal Privacy Actxxxxxxxx
OklahomaH 1602Oklahoma Computer Data Privacy Actxxxxxxxxx
OklahomaH 1130N/Axxx

Click here for a link to our google spreadsheet of US State Privacy Bill Tracker.

We classified the bills into a chart to make it all easier to understand. Here is an explanation of the factors against which each bill is weighed: 

  • Privacy Policy changes: this bill would require changes to the Privacy Policies of companies that it applies to; 
  • Business size limit: this bill applies to businesses of a certain size. For example, some of the bills apply to businesses that make millions of dollars in revenue or collect the personal information of a certain number of that state’s citizens; 
  • Consumers can sue: this bill allows consumers to sue the business if they violate this law. Note that some of these bills allow consumers to sue if their private information was breached but our privacy tracker does not note this as we’re a Privacy Policy company, not a breach mitigation company; 
  • Right to access data: consumers have the right to see the specific pieces of data that the company has collected about them; 
  • Right to delete data: consumers have the right to request that the business delete their personal data; 
  • Right to correct data: consumers have the right to request that the business correct their incorrect data or complete their incomplete data; 
  • Right to restrict processing: consumers have the right to limit how businesses use their data. 
  • Right to opt out: consumers have the right to say no to the sharing or selling of their data. 
  • Opt-in consent required: consumers have to affirmatively allow the business to collect, use, sell or share their data. 
  • Right to portability: consumers have the right to receive their personal data that the business has collected on them in an electronic, commonly-used, machine structured format. 
  • Against automated decision making: the bill restricts a businesses’ ability to make certain decisions by solely automated means, without any human involvement. 
  • Imposes fiduciary duty: the bill obligates a business to act solely in the best interest of the consumer and not the business when it comes to that consumer’s data. 
  • Prohibits discrimination: the bill prohibits businesses from discriminating against consumers that exercise their rights by charging higher prices or by providing inferior quality service or products. 

As the proposed bills are always changing, make sure to check this post often to keep up to date! Or don’t, we’ll update your policies automatically for you when the bills become law. 

Here are links to each respective proposed privacy bill:

Team Termageddon

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About the Author
Donata Stroink-Skillrud

Donata is the Co-founder and President of Termageddon and a licensed attorney and Certified Information Privacy Professional. She serves as the Vice-Chair of the American Bar Association's ePrivacy Committee and the Chair of the Chicago Chapter of the International Association of Privacy Professionals.

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