Proposed State Privacy Law Update: Feb. 14, 2022

Keypoint: This week new bills were introduced in Arizona, Iowa, Rhode Island, and Wisconsin, bills were voted out of committee in Florida, New York, and Ohio, and there was more movement on the VCDPA amendment bills.

Below is our fifth weekly update on the status of proposed state privacy legislation in 2022. Before we get to our update, we wanted to provide three reminders.

First, on February 23, 2022, we will be hosting a webinar to analyze the proposed CCPA-like privacy bills. For more information, and to register, click  here.

Second, we regularly update our  2022 State Privacy Law Tracker to keep pace with the latest developments with CCPA-like privacy bills. We encourage you to bookmark the page for easy reference.

Finally, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Table of Contents

1. What's New?
2. Upcoming Hearings
3. CCPA-Like Privacy Bills
4. VCDPA Amendments
5. Biometric Privacy Bills
6. Data Broker Bills
7. Other Bills

1. What's New?

It was another busy week.

First, lawmakers voted three bills out of committee:

• On February 8, 2022, the New York Senate Consumer Affairs Committee voted S6701A out of committee. The bill was reported and committed to the Internet and Technology Committee.
• On February 9, 2022, the Ohio House Government Oversight Committee voted  HB 376 out of committee.
• On February 10, 2022, the Florida House Commerce Committee voted Representative McFarland's  HB 9 out of committee.

In Alaska, the House Judiciary Committee held a hearing on the HB 159 on February 7, 2022. No vote was taken. The bill previously was voted out of the Labor and Commerce Committee on February 4, 2022. If you are interested in hearing more about the bill, please consider listening to our  podcast with Alaska Representative Zack Fields.

Next week there are hearings scheduled on February 16, 2022 on Wisconsin's AB 957 and Oklahoma's  HB 2969. There also is an informational hearing on February 15, 2022, on Connecticut's new bill (which has yet to be published).

We also continue to see new bills introduced:

• In Arizona, Representative DeGrazia filed HB2790.
• In Iowa, lawmakers introduced  HSB 674 and  SF2208. HSB 674 was referred to a subcommittee of the Information Technology Committee and voted out of the subcommittee on February 9 by a 2-0 vote. SF2208 was referred to a Commerce Committee subcommittee.
• In Rhode Island, lawmakers introduced H7400 on February 9, 2022. The bill was referred to the House Innovation, Internet and Technology Committee.
• In Wisconsin, lawmakers introduced SB 957 on February 9, 2022. That bill is a companion bill to AB 957. Wisconsin lawmakers also introduced  SB 977 on February 9, 2022. Both bills were referred to the Committee on Government Operations, Legal Review and Consumer Protection.

In Virginia, there was more movement on VCDPA amendment bills with a number of the bills passing through committee and/or chamber votes. More details in Section 4 below.

In biometric bill news, the Maryland Senate Finance Committee held a hearing on  SB 335 on February 9, 2022. No vote was taken.

Finally, in data broker bill news, the Oregon House Business and Labor Committee voted  HB 4017 out of committee. The bill now moves to the Joint Ways and Means Committee.

2. Upcoming Hearings

February 15

• Virtual public forum on the Connecticut Consumer Privacy Act

February 16

• Public  hearing on Wisconsin AB 957 in House Consumer Protection Committee
• Public  hearing on Oklahoma HB 2969 in House Technology Committee

February 22

• Public  hearing on Maine LD 1945 (biometric privacy bill) in Judiciary Committee
• Public hearing on Connecticut Consumer Privacy Act

February 28

• Public hearing on Nebraska LB 1188 in Banking, Commerce and Insurance Committee

3. CCPA-Like Privacy Bills

Below is an analysis of the status of proposed bills. For links to these bills, please see our  2022 State Privacy Law Tracker.

Alaska

Alaska lawmakers are considering three bills – HB 222, HB 159 and SB 116. On February 4, the Alaska House Labor & Commerce Committee voted  HB 159 out of committee. The House Judiciary Committee held a hearing on February 7, 2022. No vote was taken.

Arizona

Representative DeGrazia filed HB2790.

Connecticut

Connecticut Senator James Maroney, who introduced  SB 893 in 2021, has scheduled a public forum on February 15, 2022 and a hearing on February 22, 2022. The revised bill has not yet been published.

District of Columbia

Council Chairman Mendelson introduced B24-0451 at the request of the Uniform Law Commission (ULC). The bill is based on the Uniform Personal Data Protection Act drafted by the ULC. The bill was referred to the Committee on Judiciary and Public Safety.

Florida

Florida lawmakers proposed two bills to date. Senator Bradley filed SB 1864 on January 7, 2022. That bill was referred to the Senate committees on Commerce and Tourism, Regulated Industries and Rules. In the House, Representative McFarland filed  HB 9 on January 11, 2022.  On February 10, 2022, the Florida House Commerce Committee voted HB 9 out of committee.

Georgia

Georgia lawmakers introduced the Georgia Computer Data Privacy Act (SB 394) on January 26, 2022. The bill was assigned to the Senate Committee on Science and Technology.

Hawaii

Hawaii lawmakers introduced four bills:  HB 2051,  HB2341,  SB 2428, and  SB 2797. HB 2051 was referred to the House Committees on Higher Education and Technology, Consumer Protection & Commerce, and Judiciary and Hawaiian Affairs. The House Committee on Higher Education & Technology held a hearing on February 2, 2022 and deferred the bill. SB 2428 and SB 2797 were referred to the Committees on Commerce and Consumer Protection, Judiciary, and Ways and Means. HB 2341 was referred to the House Committees on Higher Education and Technology, Consumer Protection & Commerce, and Finance.

Indiana

The Indiana Senate passed SB 358 on February 1, 2022. The bill now moves to the House. Representative Hamilton introduced  HB 1261 on January 10, 2022. The bill was referred to the  House Committee on Commerce, Small Business and Economic Development.

Iowa

Lawmakers introduced  HSB 674 and  SF2208. HSB 674 was referred to an Information Technology Committee subcommittee. It was voted out of the subcommittee on February 9 by a 2-0 vote. SF2208 was referred to a Commerce Committee subcommittee.

Kentucky

Senator Westerfield introduced SB 15 on January 13, 2022. The bill was referred to the  Committee on Committees.

Maryland

Senator Susan Lee pre-filed the Maryland Online Consumer Protection and Child Safety Act ( SB 11) in October. On January 26, 2022, the Senate Finance Committee held a hearing on the bill.

Massachusetts

The Joint Committee on Advanced Information Technology, the Internet and Cybersecurity passed an amended version of H.142 / S. 46 out of committee on February 1, 2022. Lawmakers also filed H.136.

Minnesota

Last year, the Minnesota legislature considered  HF 1492, sponsored by Representative Steve Elkins. Representative Elkins held an informational hearing on the bill over the summer and will be filing an amended bill.

Mississippi

SB 2330 died in committee.

Nebraska

Senator Michael Flood introduced  LB 1188 on January 20, 2022. The bill is based on the Uniform Law Commission's model act. The bill is scheduled for a hearing on February 28, 2022.

New Jersey

New Jersey lawmakers filed three bills: S332, A505, and A1971.

New York

As shown on our  tracker, New York lawmakers are considering a number of consumer privacy bills in 2022. Of note, the New York Privacy Act (S 6701A / A 680B) was amended and recommitted in early January. On February 8, 2022, the New York Senate Consumer Affairs Committee voted S6701A out of committee. The bill was reported and committed to the Internet and Technology Committee.

North Carolina

In 2021, Senator Joyce Waddell and others introduced SB569, the North Carolina Consumer Privacy Act. The bill was referred to the Committee on Rules and Operations of the Senate, where it has remained idle. The bill carried over into 2022.

Ohio

The Ohio Personal Privacy Act ( HB 376) was introduced on  July 13, 2021 and referred to the House Government Oversight Committee. On February 9, 2022, the Ohio House Government Oversight Committee voted  HB 376 out of committee.

Oklahoma

Oklahoma lawmakers are considering two bills filed by Representative Collin Walke.  HB 1602, which passed the Oklahoma House last year but stalled in the Senate, carried over. Representative Walke pre-filed a second bill –  HB 2969 – in September. That bill is scheduled for a public  hearing on February 16. Finally, Oklahoma Representative O'Donnell introduced  HB 3477. The bill is based on the Uniform Law Commission's model act.

Pennsylvania

Pennsylvania lawmakers are considering three bills.

HB 1126 was introduced in 2021 and referred to the House Consumer Affairs Committee where it remained idle. The bill will carry over to 2022.

In December 2021, lawmakers introduced a second bill –  HB2202. That bill also was referred to the House Consumer Affairs Committee.

Finally, on January 20, 2022, lawmakers introduced a third bill –  HB 2257 – which also was referred to the House Consumer Affairs Committee.

The Pennsylvania legislature is open year-round with recesses. It is set to reconvene on April 1, 2022.

Rhode Island

Lawmakers introduced H7400 on February 9, 2022. The bill was referred to the House Innovation, Internet and Technology Committee.

South Carolina

Lawmakers introduced the South Carolina Biometric Data Privacy Act ( H3063) in 2021. The bill was referred to the House Committee on Labor, Commerce, and Industry where it remained idle. The bill carried over to the 2022 session.

Tennessee

Asked to comment on the status of proposed privacy legislation, Tennessee lawmakers indicated that  HB1467 will carry over to 2022 and be the vehicle for such legislation. The text of the bill is not online. Last year, lawmakers introduced  HB 1197.

Vermont

Representative Maida Townsend sponsored H.160 in 2021. She confirmed that the bill carried over to the 2022 session.

On January 11, 2022, Representatives Marcotte and Kimbell introduced H.570, which was referred to the House Committee on Commerce and Economic Development.

Washington

Washington lawmakers are considering a number of privacy bills in 2022.

Senator Carlyle's Washington Privacy Act ( SB 5062) carried over from last year. In 2021, that bill passed the Senate but failed in the House. The bill is assigned to the  Senate Rules Committee.

Senator Carlyle also introduced  SB 5813, which addresses children and adolescent information, data brokers, and opt out signals. On January 20, 2022, the Washington Senate Committee on Environment, Energy & Technology held a hearing on the bill.

Representative Kloba's People's Privacy Act ( HB 1433) also carried over from 2021. Representative Kloba is working on an amended bill.

Finally, Representatives Vandana Slatter and April Berg introduced the Washington Foundational Data Privacy Act ( HB 1850). On February 3, the Washington House Committee on Civil Rights & Judiciary narrowly voted  HB 1850 out of committee. The House Appropriations Committee held a hearing on February 5, 2022, but did not vote on the bill.

West Virginia

West Virginia, lawmakers introduced  HB 4454. The bill was assigned to the House Judiciary Committee.

Wisconsin

Lawmakers introduced AB 957. The bill was referred to the House Consumer Protection Committee and is scheduled for a  hearing on February 16, 2022.

Lawmakers also introduced SB 957 on February 9. That bill is a companion bill to AB 957. It was referred to the Committee on Government Operations, Legal Review and Consumer Protection. Wisconsin lawmakers also introduced  SB 977 on February 9, 2022. That bill also was referred to the Committee on Government Operations, Legal Review and Consumer Protection.

4. VCDPA Amendments

It was another active week for VCDPA amendment bills. The eight bills that were originally introduced have been consolidated into five bills. Those five bills were voted on this week by a committee and/or chamber. In general, the bills seek to (1) add a new exemption to the right to delete, (2) repeal the Consumer Privacy Fund, (3) modify/add definitions around nonprofits and political organizations, and (4) restrict the definition of sensitive data. We provide a full update on bills  here.

5. Biometric Privacy Bills

Six states are considering BIPA-like biometric information privacy bills:

Kentucky

HB32 was introduced on January 4, 2022 and referred to the Committee on Committees.

Maine

Lawmakers in Maine introduced a biometric information privacy bill ( LD 1945). The bill was referred to the Judiciary Committee. A hearing has been scheduled for February 22, 2022.

Maryland

Maryland lawmakers are considering  HB 259 and  SB 335, which are companion bills. The House Economic Matters Committee held a  hearing on February 2, 2022. The Senate Finance Committee held a  hearing on February 9, 2022. No votes were taken.

Massachusetts

Massachusetts lawmakers are considering S.220. The bill was assigned to the Senate Committee on Consumer Protection and Professional Licensure.

New York

New York lawmakers are considering A27 and S1933. A27 was referred to the Assembly Consumer Affairs and Protection Committee. S1933 was referred to the Consumer Protection Committee.

West Virginia

HB2064 was introduced on January 12, 2022. The bill was assigned to the House Judiciary Committee.

6. Data Broker Bills

Four states are considering bills to regulate data brokers:

Delaware

Delaware lawmakers are considering HB 262. On January 25, 2022, the House Technology & Telecommunications Committee held a public hearing on the bill. The Committee reported the bill favorably out of committee and the bill was assigned to the appropriations committee.

Massachusetts

Massachusetts lawmakers are considering S.50. The bill was referred to the Advanced Information Technology, the Internet and Cybersecurity Committee.

Oregon

Lawmakers in Oregon are considering  HB 4017. The bill was passed out of the House Committee on Business and Labor on February 11 and referred to the Joint Ways and Means Committee.

Washington

As noted in Part 2, Senator Carlyle's  SB 5813 seeks to regulate data brokers.

7. Other Bills

Illinois Senator Thomas Cullerton introduced the Do Not Track Act (SB 3081) on January 11, 2022.

In Oklahoma, Representative Walke pre-filed the Voice Recognition Privacy Act of 2022 ( HB3009) and a computer algorithm regulation bill ( HB 3011). HB 3009 was referred to the House Technology Committee. HB 3011 was referred to the Judiciary – Criminal Committee.

West Virginia lawmakers are considering  HB 2148, which seeks to impose a general data mining service tax.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.