Making materially inaccurate or misleading privacy and security statements, including in privacy policies.Failing to implement reasonable data security measures.The FTC uses this authority to, among other things, take enforcement actions and investigate companies for: In the United States, consumer protection laws, which prohibit unfair and deceptive business practices, provide another avenue for enforcement against businesses for their privacy and security practices.Īt the federal level, the US Federal Trade Commission (FTC) uses its authority to protect consumers against unfair or deceptive trade practices, to take enforcement actions against businesses for materially unfair privacy and data security practices. Enforcement of Unfair and Deceptive Trade Practices
Thus, it is highly possible that additional state-level privacy laws will be enacted in the US in 2022. In addition, a number of other US states have proposed state-level privacy legislation (including Florida, Maryland, and Oklahoma). More information from DLA Piper on the CCPA and related issues is available at. On the other hand, while the CPRA has some practical similarities with the Colorado and Virginia laws, it adopts definitions, requirements and restrictions that vary considerably from these laws, and also, notably, applies to personal information collected from California residents in employment and B2B contexts. Further, both are also generally inapplicable to personal information collected about employees and business relationships. While not identical, the Colorado and Virginia laws are substantially similar to each other. The CPRA also established a new California enforcement agency, which is expected to lead to increased enforcement.īeyond California, both Virginia and Colorado have enacted new comprehensive state privacy laws that take effect in 2023-the Virginia Consumer Data Protection Act (effective January 1, 2023) the Colorado Privacy Act (effective July 1, 2023), respectively. While the CCPA was the first cross-sector, comprehensive privacy law in the United States, several others have since been passed-including the California Consumer Privacy Rights Act (CPRA), which takes effect Januand substantially amends the CCPA, expanding consumer rights and imposing additional compliance obligations and restrictions related to the personal information about California residents. Thus, many businesses operating in the United States must comply not only with applicable federal law, but also with a number of state privacy and security laws and regulations.įor example, California alone has more than 25 state privacy and data security laws, including the recently enacted California Consumer Privacy Act (CCPA), which introduced sweeping definitions and broad individual rights, and imposed substantial requirements and restrictions on the collection, use and disclosure of personal information. Generally, each state’s laws apply to personal information about residents of that state or activities that occur within that state. US states have also passed privacy and data security laws and regulations that apply across sectors and go beyond federal law-such as data security laws, secure destruction, Social Security number privacy, online privacy, biometric information privacy, and data breach notification laws. There are also a number of state privacy and data security laws that overlap with federal law-some of these state laws are preempted in part by federal laws, but others are not. Federal and State Privacy Laws and Regulationsįederal laws and regulations include those that apply to financial institutions, telecommunications companies, credit reporting agencies and healthcare providers, as well as driving records, children’s privacy, telemarketing, email marketing and communications privacy laws. However, the US does have a number of largely sector-specific privacy and data security laws at the federal level, as well as many more privacy laws at the state (and local) level. There is no comprehensive national privacy law in the United States. United States privacy law is a complex patchwork of national, state and local privacy laws and regulations.
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