Proposed State Privacy Law Update: March 14, 2022 – Privacy | #itsecurity | #infosec


Keypoint: This week legislatures in Florida, Washington,
West Virginia and Wisconsin closed without passing bills while
Maryland’s bill was converted into a one-year study.

Below is our ninth weekly update on the status of proposed state
privacy legislation in 2022. Before we get to our update, we wanted
to provide two reminders.

First, we regularly update our 2022 State Privacy Law Tracker to keep pace
with the latest developments with CCPA-like privacy bills. We
encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and
subject to change. If you are not already subscribed to our blog, consider doing so to
stay updated. If you are interested in tracking developments
between blog posts, consider following on LinkedIn and/or Twitter.

Table of Contents

  1. What’s New?

  2. Upcoming Hearings

  3. CCPA-Like Privacy Bills

  4. VCDPA Amendments

  5. Biometric Privacy Bills

  6. Data Broker Bills

  7. Other Bills

1. What’s New?

The story this week is the number of bills that died. The
legislatures in Florida, Washington, West Virginia, and Wisconsin
adjourned without passing bills, and Indiana’s legislature will
close on Monday, March 14, 2022, without passing a bill. The
failure of bills in Florida, Indiana and Wisconsin is particularly
notable given that bills in those states passed one chamber.

In Maryland, SB11 was replaced by a work group study bill.
The bill was considered in two Senate Finance Committee voting
sessions this week. During second session on March 11, 2022, the
Committee voted to pass an amended bill that seeks to establish a
work group study with a report to the General Assembly due by
December 1, 2022.

Conversely, we did see movement on a few bills.

In Iowa, lawmakers proposed two amendments to HF 2506. That bill remains on the House floor
calendar.

In Rhode Island, Representative McNamara introduced HB7917 – the Rhode Island Information Privacy
Act.

In Tennessee, we obtained a copy of HB 1467 / SB 1554 from Representative Johnny
Garrett. It appears we may see movement in that state soon.

In Oklahoma, Representative Walke confirmed to us on LinkedIn that HB1602 is dead but that he has
secured a Senate author for HB2969, which is a prerequisite to
getting the floor hearing.

Finally, the Virginia legislature adjourned on March 12, 2022,
without any further movement on the VCDPA amendment bills. We
provide an overview of the four bills that passed below.

2. Upcoming Hearings

March 18, 2022

Public
hearing on Alaska’s HB 159 in House Judiciary
Committee.

Please note that many hearings are scheduled on short notice,
and it is possible that more hearings could be noticed and held
this week.

3. CCPA-Like Privacy Bills

Below is an analysis of the status of proposed bills. For links
to these bills, please see our 2022 State Privacy Law Tracker.

Alaska

Alaska lawmakers are considering three bills – HB
222, HB 159 and SB 116. On February 4, 2022, the Alaska House
Labor & Commerce Committee voted
HB 159 out of committee. The House Judiciary Committee held a
hearing on February 7, 2022, and has scheduled another hearing for
March 18, 2022.

Arizona

Representative DeGrazia filed HB2790.

Connecticut

Connecticut Senator James Maroney introduced SB 6 on February 23, 2022. On March 3, 2022,
the Joint Committee on General Law held a nearly four-hour hearing.
It is expected that Senator Maroney will file an amended version of
the bill in the coming days.

District of Columbia

Council Chairman Mendelson introduced B24-0451 at the request of the Uniform Law
Commission (ULC). The bill is based on the Uniform Personal Data
Protection Act drafted by the ULC. The bill was referred to the
Committee on Judiciary and Public Safety.

Florida

The Florida legislature closed on March 11, 2022, without
passing a bill.

Georgia

Georgia lawmakers introduced the Georgia Computer Data Privacy
Act (SB 394) on January 26, 2022. The bill was
assigned to the Senate Committee on Science and Technology.

Hawaii

Hawaii lawmakers introduced four bills: HB 2051, HB2341, SB 2428, and SB 2797. HB 2051 was referred to the House
Committees on Higher Education and Technology, Consumer Protection
& Commerce, and Judiciary and Hawaiian Affairs. The House
Committee on Higher Education & Technology held a hearing on
February 2, 2022 and deferred the bill. SB 2428 and SB 2797 were
referred to the Committees on Commerce and Consumer Protection,
Judiciary, and Ways and Means. HB 2341 was referred to the House
Committees on Higher Education and Technology, Consumer Protection
& Commerce, and Finance.

Indiana

The Indiana legislature will adjourn on March 14, 2022, without
passing a bill.

Iowa

Lawmakers introduced HSB 674 and SF2208. On February 15, 2022, the Iowa House
Information Technology Committee voted 15-0 for favorable
recommendation of HSB 674. The bill was subsequently introduced
under a different number – HF 2506 – and placed on the calendar. On March
8 and 9, 2022, lawmakers filed two amendments. SF2208 was referred
to a Commerce Committee subcommittee.

Kentucky

Senator Westerfield introduced SB 15 on January 13, 2022. On February 15,
2022, the Kentucky Senate Standing Committee on Economic
Development, Tourism and Labor held an informational hearing on the
bill.

On February 24, 2022, lawmakers introduced HB 586. The bill was referred to the Committee
on Committees.

Maine

Senator Rafferty introduced LD 1982 on February 16, 2022. The bill was
referred to the Innovation, Development, Economic Advancement and
Business Committee. It was then referred to the Committee on Health
Coverage, Insurance and Financial Services on March 9, 2022. On
March 10, 2022, the Committee voted LB1982 as “ought not to
pass.”

Maryland

Senator Susan Lee pre-filed the Maryland Online Consumer
Protection and Child Safety Act (SB 11) in October. On March 11, the Senate
Finance Committee amended the bill to establish a one-year work
group study.

Massachusetts

The Joint Committee on Advanced Information Technology, the
Internet and Cybersecurity passed an amended version of H.142 / S. 46 out of committee on February 1, 2022. The
bill is now filed under S.2687 (the Massachusetts Information Privacy
and Security Act). On February 14, 2022, the bill was referred to
the Senate Ways and Means Committee.

Minnesota

Last year, the Minnesota legislature considered HF 1492, sponsored by Representative Steve
Elkins. Representative Elkins held an informational hearing on the
bill over the summer and will be filing an amended bill.

Mississippi

SB 2330 died in committee.

Nebraska

Senator Michael Flood introduced LB 1188 on January 20, 2022. The bill is based
on the Uniform Law Commission’s model act. The Banking,
Commerce and Insurance Committee held a hearing on February 28,
2022. No vote was taken.

New Jersey

New Jersey lawmakers filed three bills: S332, A505, and A1971.

New York

As shown on our tracker, New York lawmakers are considering a
number of consumer privacy bills in 2022. Of note, the New York
Privacy Act (S 6701A / A 680B) was amended and recommitted in early
January. On February 8, 2022, the New York Senate Consumer Affairs
Committee voted S6701A out of committee. The bill was reported and
committed to the Internet and Technology Committee.

North Carolina

In 2021, Senator Joyce Waddell and others introduced SB569, the
North Carolina Consumer Privacy Act. The bill
was referred to the Committee on Rules and Operations of the
Senate, where it has remained idle. The bill carried over into
2022.

Ohio

The Ohio Personal Privacy Act (HB 376) was introduced on July 13, 2021 and referred to the House
Government Oversight Committee. On February 9, 2022, the Ohio House
Government Oversight Committee voted the bill out of committee. On
February 16, 2022, the status of the bill was changed to
“informally passed.” On February 22, 2022, the bill was
re-referred to the Rules and Reference Committee.

Oklahoma

Oklahoma lawmakers are considering two bills.

HB 1602, which passed the Oklahoma House last
year but stalled in the Senate, is officially dead as per
Representative Walke’s comments to us.

Representative Walke filed a second bill in 2022 – HB 2969. On February 16, 2022, HB 2969 passed
the House Technology Committee. Prior to passing, a committee
amendment was filed, striking the prior version of the bill and
replacing it with a version nearly identical to HB 1602. According
to Representative Walke, the difference between the two bills is
that HB 2969 has a higher monetary threshold for applicability
(annual gross revenues of $15 million instead of $10 million).

Finally, Oklahoma Representative O’Donnell introduced HB 3477. The bill is based on the Uniform Law
Commission’s model act.

Pennsylvania

Pennsylvania lawmakers are considering three bills.

HB 1126 was introduced in 2021 and referred to
the House Consumer Affairs Committee where it remained idle. The
bill will carry over to 2022.

In December 2021, lawmakers introduced a second bill – HB2202. That bill also was referred to the
House Consumer Affairs Committee.

Finally, on January 20, 2022, lawmakers introduced a third bill
– HB 2257 – which also was referred to the House
Consumer Affairs Committee.

The Pennsylvania legislature is open year-round with recesses.
It is set to reconvene on April 1, 2022.

Rhode Island

Lawmakers introduced H7400 on February 9, 2022. The bill was
referred to the House Innovation, Internet and Technology
Committee.

Representative McNamara introduced HB7917 – the Rhode Island Information Privacy
Act – on March 7, 2022. The bill was referred to the House
Government & Elections Committee.

South Carolina

Lawmakers introduced the South Carolina Biometric Data Privacy
Act (H3063) in 2021. The bill was referred to the
House Committee on Labor, Commerce, and Industry where it remained
idle. The bill carried over to the 2022 session.

Tennessee

Lawmakers introduced HB 1467 / SB 1554.

Utah

Senator Cullimore introduced SB 227 on February 17, 2022. On February 25,
2022, the Utah Senate voted unanimously to pass the bill. The House
unanimously passed a slightly amended version of the bill on March
3, 2022. The Senate concurred with the amendment the following day.
The Senate President and House Speaker signed the bill, and it is
currently in the enrollment process. The bill will next be sent to
the Governor who will have 20 days from adjournment to sign the
bill, not sign the bill (where it becomes law), or veto the bill.
For further information on the UCPA see our blog post
here.

Vermont

Representative Maida Townsend sponsored H.160 in 2021. She confirmed that the bill
carried over to the 2022 session.

On January 11, 2022, Representatives Marcotte and Kimbell
introduced H.570, which was referred to the House Committee on Commerce and Economic
Development.

Washington

The Washington legislature closed on March 10, 2022, without
passing a bill.

West Virginia

The West Virginia legislature closed on March 12, 2022, without
passing a bill.

Wisconsin

The Wisconsin legislature closed on March 10, 2022, without
passing a bill.

4. VCDPA Amendments

Virginia lawmakers passed four bills to amend the VCDPA prior to
the March 12, 2022 adjournment date.

Lawmakers passed HB 381 and SB 393 on February 25, 2022 and March 4, 2022,
respectively. The bills add the following new exemption to the
VCDPA’s right to delete:

A controller that has obtained
personal data about a consumer from a source other than the
consumer shall be deemed in compliance with a consumer’s
request to delete such data pursuant to subdivision A 3 by either
(i) retaining a record of the deletion request and the minimum data
necessary for the purpose of ensuring the consumer’s personal
data remains deleted from the business’s records and not using
such retained data for any other purpose pursuant to the provisions
of this chapter or (ii) opting the consumer out of the processing
of such personal data for any purpose except for those exempted
pursuant to the provisions of this chapter.

Lawmakers also passed SB 534 and HB 714. The bills repeal the Consumer Privacy
Fund and provide that all “civil penalties, expenses, and
attorney fees collected pursuant to [the VCDPA] shall be paid into
the state treasury and credited to the Regulatory, Consumer
Advocacy, Litigation and Enforcement Revolving Trust
Fund.”

The bills also amend the VCDPA’s definition of
“nonprofit organization” to include political
organizations and any organization exempt from taxation under
§ 501(c)(4) of the Internal Revenue Code.” The bills
define political organization as “a party, committee,
association, fund, or other organization, whether or not
incorporated, organized and operated primarily for the purpose of
influencing or attempting to influence the selection, nomination,
election, or appointment of any individual to any federal, state,
or local public office or office in a political organization or the
election of a presidential/vice-presidential elector, whether or
not such individual or elector is selected, nominated, elected, or
appointed.”

The Governor has until April 11, 2022 to act on HB381, SB393 and
SB534. HB714 does not yet have an action deadline.

5. Biometric Privacy Bills

The following states are considering BIPA-like biometric
information privacy bills:

California

SB 1189 was introduced on February 18, 2022. It
was referred to the Committees on Judiciary and Appropriation.

Kentucky

HB32 was introduced on January 4, 2022. The
bill was withdrawn on February 28, 2022.

Maine

Lawmakers in Maine introduced LD 1945. The Judiciary Committee held a
hearing on February 22, 2022 and a work session on March 2,
2022.

Maryland

Maryland lawmakers are considering HB 259 and SB 335, which are companion bills. The House
Economic Matters Committee held a hearing on February 2, 2022. The Senate
Finance Committee held a hearing on February 9, 2022. No votes were
taken.

Massachusetts

Massachusetts lawmakers are considering S.220. The bill was assigned to the Senate
Committee on Consumer Protection and Professional Licensure. On
February 14, 2022, the bill was incorporated into S.2687.

Missouri

HB 2716 was introduced on February 16,
2022.

New York

New York lawmakers are considering A27 and S1933. A27 was referred to the Assembly
Consumer Affairs and Protection Committee. S1933 was referred to
the Consumer Protection Committee.

West Virginia

The West Virginia legislature closed on March 12, 2022, without
passing HB2064.

6. Data Broker Bills

Two states are considering bills to regulate data brokers:

Delaware

Delaware lawmakers are considering HB 262. On January 25, 2022, the House
Technology & Telecommunications Committee held a public hearing
on the bill. The Committee reported the bill favorably out of
committee and the bill was assigned to the appropriations
committee.

Massachusetts

Massachusetts lawmakers are considering S.50. The bill was referred to the Advanced
Information Technology, the Internet and Cybersecurity Committee.
The bill was incorporated into S.2687.

Oregon

The Oregon legislature closed on March 7, 2022, without
lawmakers passing HB 4017.

Washington

The Washington legislature closed on March 10, 2022, without
passing SB 5813.

7. Other Bills

Illinois Senator Thomas Cullerton introduced the Do Not Track
Act (SB 3081) on January 11, 2022.

In Oklahoma, Representative Walke pre-filed the Voice
Recognition Privacy Act of 2022 (HB3009) and a computer algorithm regulation
bill (HB 3011). HB 3009 was referred to the House
Technology Committee. HB 3011 was referred to the Rules
Committee.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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