June 04, 2021
Consumer data privacy bills in Nevada and Colorado are moving forward as congressional efforts appear to have stalled, portending a patchwork of requirements in the states. In a positive sign, most state measures being considered would exclude HR data from their scope.
The Colorado Senate unanimously passed the Colorado Privacy Act, with bipartisan support for the bill in the General Assembly. The bill excludes employment data and does not include a private right of action. The Colorado legislature adjourns June 12th, so the bill’s fate this year will soon become clear.
In Nevada, SB260 is on its way to the governor for signature after having been passed by the state legislature. The bill modifies Nevada’s current law allowing consumers to opt out of the right of the sale of their personal data, expanding the definition of sale, and creating new requirements for “data brokers.” It would go into effect October 1st.
Earlier this year, Virginia passed its own privacy law, which excludes HR data and could provide a model for a federal bill.
Privacy bills are still active in several additional states, including New York, New Jersey, Texas, Illinois, Massachusetts, and Connecticut.
What it means: While the exclusion of HR data by many states is a positive sign, the growing patchwork will provide a greater incentive for federal legislators to focus on consumer privacy. The Biden administration has not yet been active in the data privacy arena, and the Senate Commerce Committee, which had led consumer privacy reform efforts in previous years, has yet to schedule a hearing on privacy. Reportedly, it has no plans to hold such a hearing. A growing hurdle in moving forward: algorithmic discrimination and other civil rights issues.