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Find an umbrella. . . .  The recent deluge of state-level privacy legislation continues.  Legislatures in three additional states—Indiana, Montana, and Tennessee—have adopted comprehensive privacy laws.  The Indiana Consumer Data Protection Act (ICDPA) was signed into law on May 1, 2023, making Indiana the seventh state to adopt such a law, and legislatures in Montana and Tennessee have passed legislation that is expected to be signed into law by their respective governors soon.  Only one month ago, Iowa became the sixth state to adopt a comprehensive privacy law, and, of course, California, Colorado, Connecticut, Utah, and Virginia each have laws that either are already in effect or that will go into effect later his year.  Meanwhile, on April 27, 2023, the governor of Washington signed into law the My Health My Data Act, a significant development that will impact many businesses that collect or process consumer health data (expect an update on this topic here soon).  Continue Reading When It Rains, It Pours (State Privacy Laws)

On March 28, Iowa Governor Kim Reynolds signed Senate File 262 into law, making Iowa the sixth state to adopt comprehensive data privacy legislation. The Iowa Consumer Data Protection Act (ICDPA) is set to take effect on January 1, 2025.

The ICDPA is largely business friendly and mostly comparable to the Utah Consumer Privacy Act. Businesses that are already in compliance with other states’ privacy laws—such as the California Consumer Privacy Act—likely will not need to make any additional changes to their policies or practices to comply with the ICDPA. The ICDPA does not require businesses to conduct risk assessments, practice purpose limitations or data minimization, and businesses have a generous 90-day cure period for suspected violations. Furthermore, as we’ve seen with the other states that have recently passed comprehensive privacy laws, the law does not provide a private right of action for consumers, as enforcement authority sits exclusively with the Iowa Attorney General.Continue Reading Iowa Becomes Sixth State to Pass Comprehensive Data Privacy Law