This year has proven to be active in terms of state privacy legislation. In addition to Montana’s Consumer Data Privacy Act, the state has now passed a Genetic Information Privacy Act.

On July 31, the California Privacy Protection Agency’s Enforcement Division announced that it would be reviewing connected vehicle manufacturers’ and technologies’ privacy practices. Connected vehicles contain features that collect information about owners and riders, including location sharing, web-based entertainment, cameras, and smartphone integrations.

EDITOR’S NOTE: This is part three of “Cyber AI Chronicles” – written by lawyers and named by ChatGPT. This series will highlight key legal, privacy, and technical issues associated with the continued development, regulation, and application of artificial intelligence

As with all other products and technologies, we can expect to see (and in fact already do see) the emergence of varying approaches to governance for artificial intelligence systems. Currently, AI oversight may be addressed within independent federal, state, and international frameworks – for instance, within the regulation of autonomous vehicle development, or laws applicable to automated decision-making. So, how can we expect regulatory frameworks to develop for AI as an independently regulated field?

The national impact of ransomware is expanding. Following a dip in the recorded number of ransomware attacks for 2022, there have been multiple nationwide events with devastating effect in 2023.  Given the damage across private and public enterprises, the federal government has sought to provide additional information and resources to assist those who are preparing to defend against an attack or for businesses who have already experienced a ransomware attack.

Oregon will soon join Iowa, Indiana, Florida, Montana, Texas, and Tennessee in passing a comprehensive data privacy law. On June 25, the Oregon legislature passed the Oregon Consumer Privacy Act. The OCPA has moved to the desk of Gov. Tina Kotek (D), who is expected to sign it into law. Assuming she does, the law will take effect on July 1, 2024.

This year has so far proven to be quite active in terms of state privacy legislation. In 2022, California, Virginia, Colorado, Utah, and Connecticut were the five states with consumer privacy laws on the books, all set to take effect in 2023. Then, earlier this year, Iowa, Indiana, and Tennessee enacted their own respective comprehensive privacy laws. Iowa’s and Tennessee’s laws will take effect in 2025, and Indiana’s law will take effect in 2026.

On Thursday, May 11, Gov. Bill Lee (R) signed into law the Tennessee Information Protection Act. The new TIPA follows the recent enactment of data privacy laws in Iowa and Indiana. The other states with data privacy laws are California, Colorado, Connecticut, Utah, and Virginia.

On the heels of the unanimous passage of Iowa’s Act Relating to Consumer Data Protection on March 28, Indiana’s Consumer Data Protection Act was passed by the state legislature on April 13 and has been signed into law by Gov. Eric Holcomb (R).

Plaintiffs are becoming increasingly creative in their attempts to seek relief involving alleged privacy violations resulting from their online activity. This includes raising allegations of violations of the Video Privacy Protection Act, a federal law enacted in 1988 largely in response to privacy concerns surrounding businesses’ use of individuals’ video tape rental histories. 

It’s only April, but 2023 has already been a big year for new and evolving data privacy legislation. In January, the California Privacy Rights Act took effect, expanding and clarifying the rights and obligations within the California Consumer Privacy Act. In addition, exceptions for business-to-business and employee and applicant data expired, ushering in new requirements and broadening the reach of the California laws. At the same time, the second major state data privacy law – the Virginia Consumer Data Protection Act – took full effect.