USA State Privacy Bill Developments 2021 Part 2: What You Need To Know
March 10, 2021
2021 started with several State bills being either introduced or reintroduced in State legislatures, following developments with the CCPA and amendments to it with the CPRA. Minnesota, Oklahoma and Florida were some of those states that introduced bills to regulate privacy.
House Bill 36 for the Minnesota Consumer Data Privacy Act introduced on 7 January 2021
- This bill would include provisions on data security as well as controller and processor agreements, and business transparency obligations.
- It would provide expanded data subject rights of access, correction, deletion, data portability, and the right to opt-out of the processing of personal data.
- The bill would also establish rules regarding the use of facial recognition technology, processing de-identified data or pseudonymous data, and requirements for data protection assessments.
House Bill 1492 for the Minnesota Consumer Data Privacy Act introduced on 22 February 2021
- Competing with the previously mentioned Minnesota privacy bill, HB 36,this bill would establish various controller and processor responsibilities including technical and organisational measures to be taken.
- It would provide for various consumer data rights including the right to be informed, access, correct, delete data, as well as data portability and to opt-out of targeted advertising.
- The bill would also establish requirements for the processing of de-identified data or pseudonymous data, and data protection assessments.
House Bill 1602 for the Oklahoma Computer Data Privacy Act introduced on 1 February 2021
- The bill would apply to companies doing business in the State, collecting consumer information, and determining the purpose for and means of processing consumers' personal information, among others.
- It outlines the right to information, deletion, and to opt out of the sale of personal information by a business.
- It would also require businesses, prior to collection, to notify consumers of each category of personal information to be collected and the purposes for which the information will be used, in addition to obtaining consent.
Senate Bill 1734 for an Act Relating to Consumer Data Privacy introduced on 25 February 2021
- The bill creates data subject rights for consumers, such as deletion and rectification.
- It prohibits businesses from selling personal information of consumers younger than a specified age without the express authorisation from the consumer or the consumer's parent or guardian, under certain circumstances.
- It would also create a private right of action against a business violating its provisions and directs the Department of Legal Affairs to adopt rules to enforce the bill.