As noted in our intro alert for this series, new omnibus privacy laws are coming to Virginia and Colorado and California’s existing comprehensive privacy law has been further modified by the CPRA. Don’t wait to implement your compliance updates as it could require changes to your operations. These state privacy laws can even apply to businesses that do not have offices or employees in that state. The new laws can also reach activities conducted outside of the applicable state. See our prior alert to see if these state laws apply to your business.
California’s, Virginia’s and Colorado’s state privacy laws have broad definitions of personal information and special rules for the subcategory of sensitive personal information or sensitive personal data (for purposes of this alert, all referred to as “SPI”). In general, personal information means information that can, directly or indirectly, link or be linked to a specific individual (and in the case of California, a household). The laws also introduced the concept of “sensitive” personal information, but the states define SPI differently as noted in the chart below.
An organization needs to understand where it holds and how it uses this new subcategory of personal data because each state gives its consumers choices related to use of this data. California gives consumers the right to limit sensitive data processing. California does not have an “opt-in” model in contrast to Virginia and Colorado’s treatment of SPI. Virginia...
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https://www.natlawreview.com/article/countdown-to-state-law-privacy-complianc...