Tuesday, January 24, 2023

Here is a list of the new state data privacy statutes slated to come online in 2023:

 Here is a list of the new state data privacy statutes slated to come online in 2023:

(1) Most of the provisions of the California Privacy Rights Act (CPRA) become effective on Jan. 1, 2023. CPRA amended the California Consumer Privacy Act (CCPA), which had already created a number of individual rights modeled after the GDPR. CPRA created a new state agency, similar to data protection agencies in the EU countries charged with enforcing the GDPR.

(2) The Colorado Privacy Act (CPA) becomes effective on July 1, 2023. In addition to creating rights patterned after the individual rights under GDPR, CPA requires data security and contract provisions for vendors and assessments for "high-risk" processing.

(3) The Connecticut Data Privacy Act (CDPA), like Colorado's new privacy law, goes into effect on July 1, 2023. CDPA likewise creates a suite of GDPR-like individual rights, and requires data minimization, security, and assessments for "high risk" processing.

(4) The Utah Consumer Privacy Act (UCPA) becomes effective on Dec. 31, 2023. It provides for certain GDPR-like individual rights, and also requires data security and contract provisions. But UCPA does not include expressly required risk assessments.

(5) The Virginia Consumer Data Privacy Act (VCDPA) becomes effective Jan. 1, 2023. It provides for certain GDPR-like individual rights. But in 2022, the "right-to-delete" was replaced with a right to opt out from certain processing.