In prior posts, we’ve commented on the California Consumer Privacy Act (“CCPA”), likening it, and its Texas ‘flavored’ variant(s), to ‘elephants in the room’. Here, we’ve opted to expand our coverage and talk about what we’re seeing other states do (or, let’s expand the elephant metaphor to: elephants, elephants everywhere.)

It seems that all of a sudden, consumer privacy is THE hot topic and everyone’s jumping on the CCPA bandwagon! Consumers have woken up to what is happening with their personal information and are demanding government protective action! These are sensationalist statements, to be true, but are they accurate statements? Well, as is usually the case it is a bit more nuanced and it is important to set some things straight.
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With the recent uptick in the U.S. of lawsuits filed as a result of a data breaches, state legislators in the U.S. have been busy updating the many different state laws that dictate how a company must respond if they have been hacked and personal information has been compromised. With no comprehensive federal law that sets forth a uniform compliance standard, companies operating in the U.S. must comply with a patchwork of 47 different states laws that set forth a company’s obligations in the event of a data breach.

Additionally, the trend is to have more than just notice requirements. Now companies have to develop proactive steps they must take to avoid a data breach in the first place. We first saw this with the Massachusetts law, and the model is expanding.


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