Data Privacy Legislation Update

Connecticut

Connecticut is on track to be the next state to pass major data privacy legislation. If enacted, the Connecticut Act Concerning Consumer Privacy (the “Act”) would join the existing patchwork of state privacy laws. The Act would establish a framework for controlling and processing personal data, and include the standard consumer rights to access, correct, delete, and know how businesses are using their personal data. The current draft also includes an opt-out for targeted advertising. It does not, however, contain a private right of action. The Act is very similar to the Virginia Consumer Data Protection Act (see our article on the CDPA requirements here). If enacted, the law would go into effect on January 1, 2023.

The bill has moved through the Senate Committee on General Laws and Technology, the Senate Finance Committee, the Senate Judiciary Committee, and is now with the Appropriations Committee.  

Many prognosticators believe the Act will pass, given its broad support. The bill has the support of the Connecticut ACLU (it is worth noting, however, that the private right of action was removed after the ACLU expressed its support). Additionally, Connecticut’s Attorney General Office and Connecticut’s Senate Majority Leader strongly support the bill – and in Connecticut, the democrats control the governorship, the state senate, and the state house. However, given how bills with similar momentum have died during the current legislative session in both Washington and Florida, watch for updates on the Act in future editions of the newsletter.  

Federal Legislation

Earlier this month at a public event, Reps. Jan Schakowsky (D-Ill.) and Gus Bilirakis (R-Fla.) and Sen. Richard Blumenthal (D-Conn.), all chairs or ranking members of relevant subcommittees in their chambers, agreed to resume bipartisan negotiations on federal privacy legislation.

Rep. Schakowsky stated she will invite stakeholders with different viewpoints to private roundtables on issues such as preemption, private rights of action, data minimization, and anti-discrimination, with a goal of passing federal legislation by the end of 2022.