Day in and Day out we see new privacy scandals. Whether it be improper sharing of data with third parties, too much data collected by ubiquitous apps, or the use of data for nefarious purposes or just plain old data breaches. With privacy getting so much press website owners are trying to figure out what to do about it. Since federal legislature has so much red tap,U.S. states have taken matters into their own hands by proposing new privacy bills to protect consumers of their states. Although the bills all differ somewhat, they would all require updates to your Privacy Policy.
Since we believe in hiring experts in their field, We have partnered with Termageddon. They are an amazing company who specializes in policies! What is so great about their software is that they keep track of these privacy bills for you and automatically update your Privacy Policies when needed. We have attached a state privacy law tracker below that will help you better understand the proposed bills and how they may affect your business. The privacy law tracker discloses all bills that have been proposed by U.S. states that would affect Privacy Policy disclosures and business obligations. Bills that have become law, nor bills that are dead are not included in this list.
This sheet is periodically updated when new bills are proposed, when bills die and when bills are passed into law.
Just so you understand a bit more about the proposed laws, Our friends over at Termaggeddon have summed up the privacy law beautifully as seen below! Here is an explanation of the factors for each bill:
- Privacy Policy changes: this bill requires changes to the Privacy Policies of companies that it applies to;
- Business size limit: this bill applies to businesses of a certain size. For example, some of the bills apply to businesses that make millions of dollars in revenue or collect the personal information of a certain number of that state’s citizens;
- Consumers can sue: this bill allows consumers to sue the business if they violate this law. Note that some of these bills allow consumers to sue if their private information was breached but our privacy tracker does not note this as we’re a Privacy Policy company, not a breach mitigation company;
- Right to access data: consumers have the right to see the specific pieces of data that the company has collected about them;
- Right to delete data: consumers have the right to request that the business delete their personal data;
- Right to correct data: consumers have the right to request that the business correct their incorrect data or complete their incomplete data;
- Right to restrict processing: consumers have the right to limit how businesses use their data.
- Right to opt out: consumers have the right to say no to the sharing or selling of their data.
- Opt-in consent required: consumers have to affirmatively allow the business to collect, use, sell or share their data.
- Right to portability: consumers have the right to receive their personal data that the business has collected on them in an electronic, commonly-used, machine structured format.
- Against automated decision making: the bill restricts a businesses’ ability to make certain decisions by solely automated means, without any human involvement.
- Imposes fiduciary duty: the bill obligates a business to act solely in the best interest of the consumer and not the business when it comes to that consumer’s data.
- Prohibits discrimination: the bill prohibits businesses from discriminating against consumers that exercise their rights by charging higher prices or by providing inferior quality service or products.
Since the proposed bills are always changing, make sure to check back frequently to keep up to date!
If you currently don't have a website policy then please reach out to us and let's see how we can protect your website with a privacy policy that updates AUTOMATICALLY!. It cant get any better than this! . All of our website hosting plans come STANDARD with this type of privacy policy!
Here are the state links to each proposed privacy bill:
- Arizona SB1614: https://legiscan.com/AZ/text/SB1614/id/2118982/Arizona-2020-SB1614-Introduced.html;
- Arizona HB2729: https://legiscan.com/AZ/text/HB2729/id/2113461/Arizona-2020-HB2729-Introduced.html;
- Hawaii SB418: https://legiscan.com/HI/text/SB418/id/1861284/Hawaii-2019-SB418-Introduced.html;
- Illinois SB2330: http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId=SB&DocNum=2330&GAID=15&LegID=122685&SpecSess=&Session=;
- Illinois SB2263: http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId=SB&DocNum=2263&GAID=15&LegID=121653&SpecSess=&Session=;
- New York SB S5642: https://legislation.nysenate.gov/pdf/bills/2019/S5642;
- Massachusetts SD341/S120: https://malegislature.gov/Bills/191/SD341;
- Minnesota HF3936: https://www.revisor.mn.gov/bills/text.php?number=HF3936&type=bill&version=0&session=ls91&session_year=2020&session_number=0;
- New Hampshire HB1680: https://legiscan.com/NH/text/HB1680/2020;
- South Carolina H4812: https://www.scstatehouse.gov/sess123_2019-2020/bills/4812.htm;
- Nebraska LB746: https://nebraskalegislature.gov/FloorDocs/106/PDF/Intro/LB746.pdf;
- Iowa SF2236: https://legiscan.com/IA/text/SF2236/2019;
- Maryland SB957: https://legiscan.com/MD/text/SB957/2020;
- Maryland HB1656: https://legiscan.com/MD/text/HB1656/2020