Kelley Drye & Warren LLP’s Post

Privacy laws regulating consumer health data in Nevada and Washington take effect March 31. Companies should take notice even if they don’t think they collect consumer health data – they might be surprised. Thora Johnson | Matthew Coleman | Kyle G. Kessler (she/her) | Cosmas Robless #healthdata #consumerhealthdata #privacy #dataprivacy #privacylaw https://lnkd.in/e77g2Mtc

Join Kelly Hollingsworth + Alexandra Haywood (Chitwood) for a free webinar 4/23 on navigating the evolving landscape of #privacy regulations + maintaining #compliance in an era of increasing scrutiny.

Seven New States Join Patchwork of U.S. Comprehensive Privacy Laws: Here are 5 Trends for Patient Data from the First Half of 2024 The first half of 2024 saw a wave of new privacy laws sweeping across the US, with Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island joining the growing list of states protecting consumer data. While these laws share similarities, they also introduce unique challenges for businesses, especially in #healthcare. 5 Key Trends: 1. Expanded Definition of #SensitiveData: Maryland’s privacy law introduces a stringent requirement that sensitive data processing must be “strictly necessary” to provide or maintain a product or service requested by the consumer. This sets a new standard for handling sensitive information, contrasting with the more common “reasonably necessary” standard in other states. 2. Heightened Protections for Health Data: States like Maryland, Washington, Nevada, and Connecticut are leading the way in offering enhanced safeguards for patient data beyond standard privacy protections. These include specific measures for consumer health data not covered by HIPAA, such as prohibiting geofencing in health facilities and requiring confidentiality agreements for data access. 3. Varying Applicability Thresholds: Differences in revenue and population thresholds for businesses subject to these laws create compliance complexities. For example, New Jersey’s law does not require a minimum revenue from the sale of personal data, potentially covering more businesses, while Maryland’s lower applicability threshold makes it easier for the law to apply to more entities. 4. New Consumer Rights: Minnesota’s law expands consumer rights, allowing individuals to understand and challenge profiling decisions. This highlights a growing trend towards greater transparency and control over personal data. 5. Minors’ Data: Maryland’s “should have known” standard for processing minors’ data adds challenges for age verification and data handling. This requires businesses to take extra precautions to ensure they are not inadvertently processing minors’ data without proper consent. Navigating this evolving landscape is complicated and requires us to stay on top of all the new laws and emerging trends. #patientdata #privacylaws #datacompliance #dataprivacy

CPRA Countdown: Ensuring Your Organization’s Privacy Compliance in the New Year - With the new year underway and enforcement looming, it is more important than ever to ensure your organization is compliant with the California Privacy Rights Act (CPRA)—the amendment to the California Consumer Privacy Act (CCPA). Click on the post to read the full list of reminders and tips for compliance. https://lnkd.in/d3T6cCxz #cpra #privacylaw #privacycompliance #privacy #cdflaborlaw

Just a reminder: the Agency will begin enforcement on the new privacy regulations soon. Here’s an article I drafted with a few reminders and tips!

From Fisher Phillips: A bipartisan group of federal lawmakers just unveiled a sweeping proposal to pass the nation’s first data privacy law and hand a significant amount of power to consumers, one that would bring about a massive change in the way that businesses treat customer data. While it would create a consistent framework across the country and eliminate the confusing patchwork of state laws that businesses now have to navigate, it would also expose more businesses to potential #litigation and increase #compliance obligations for tens of thousands of organizations. What are the 10 things you need to know about the proposal...? #dataprivacy #congress #consumerdata

Learn it. Key Takeaways: Developments and Trends in Privacy Law: a Look at BIPA and Wiretapping Litigation https://buff.ly/3WJGpYu #tech #digital #data #privacy

As the fourth comprehensive privacy bill to pass in 2024 so far, SB 543 proves that US privacy law remains an unpredictable and fast-developing field: https://lnkd.in/eVc85qmg Maryland's SB 541 is shaking up US privacy laws with its groundbreaking provisions: 1️⃣ Broad application: Applies to many businesses operating in Maryland. 2️⃣ Data minimization: Mandates limiting data collection to what's "reasonably necessary." 3️⃣ Strict rules on sensitive data: Imposes tough regulations on processing sensitive data. Could Maryland set a new standard in privacy protection? Stay tuned! #PrivacyLaw #MarylandPrivacy #SB541 🛡️🔒

Maryland is joining the other 15 states (and additional one that followed it) that have enacted comprehensive privacy laws. Comparing to the other US state laws, it sets a relatively lower threshold for applicability, capturing a wider array of businesses. Similarly to the others, data subject to the GLBA or HIPAA are exempt. So are #public #data, #employees data and #b2b contact data. This act brings a new requirement not seen in the other state laws concerning stringent data minimization and handling standards. Additional requirements and more about the above are detailed in our client update below. Herzog w/Oded Kramer #privacy #dataprotection #privacylaw #dataprivacy #HIPAA

Join us for the next session of Cooley's Privacy Talks series for an update from Lei Shen, Gary Hunt III and Claire (Blakey) Gibbs on current consumer privacy laws and approaches for tackling some of the trickier compliance challenges related to these laws. 📆 Register for the June 13 webinar at the link below. #CooleyREG #cyberdataprivacy #privacy