Multiple state Privacy Acts take effect in 2023. Typically, these laws require website operators to implement certain compliance measures and to post a Privacy Notice informing consumers of their rights and the method of exercising those rights. As of January 1, 2023, state privacy laws already in effect include Virginia’s Consumer Data Protection Act and the California Privacy Rights Act which expands the terms of the California Consumer Privacy Act. It should be noted that Nevada’s Security and Privacy of Personal Information Statute is also already in effect but its narrow scope makes it less applicable to website operators. Both Connecticut’s Personal Data Privacy and Online Monitoring Act and the Colorado Privacy Act become effective on July 1, 2023. The Utah Consumer Privacy Act becomes effective on December 31, 2023. Additional states have undertaken development of privacy laws and more new laws are likely in the future.
Similarities among these state laws generally include consumer rights such as access, correction, and deletion of personal information, and the right to obtain a copy in a portable format. Additionally, the laws specify how the website operator must enable the consumer to request to exercise these rights, time periods allowed for the operator’s response or extension request, and, in some cases, an appeal process when requests are denied. Unfortunately, the state laws are not consistent enough to permit compliance with a single “one size fits all” policy. Most website operators will likely find it advisable to segment their Privacy Policy to discuss each state’s requirements independently of the others.
Federal privacy laws are limited in scope and address subsets of privacy concerns, such as the Children’s Online Privacy Protection Act and the Health Insurance Portability and Accountability Act. When developing or modifying a Privacy Policy to address the new state laws, a website operator must still ensure compliance with federal requirements.
The Internet Law Group is available to consult concerning these new state requirements and to assist preparation of the necessary compliance materials. If you have questions concerning state privacy laws, please contact us at info@tilg.us.