On September 11^th, Gov. John Carney (D) signed the Delaware Personal Data Privacy Act into law. The Act will take effect January 1, 2025. With the DPDPA on the books, the number of states with comprehensive privacy laws increases to twelve.

The new Swiss Federal Act on Data Protection, known by the acronym “nFADP,” took effect on September 1. The law was enacted by the Swiss parliament in 2020.

The law introduces new rights for Swiss citizens, but also corresponding obligations for businesses that process personal data subject to the law. The law is intended to be more closely aligned to the European Union’s General Data Protection Regulation and allows for a free flow of information between EU and Swiss companies.

This summer, Gov. Joe Lombardo (R) signed the Consumer Health Data Privacy Act into law. The Act, which will take effect March 31, 2024, provides protections for consumer health data collected and maintained by regulated entities.

As a former Special Agent for the Federal Bureau of Investigation who investigated cybercrimes involving children, I know from experience that the topic of increasing online protections for minors provoked intense debates among law enforcement, social services, parents, and the civil rights communities.

Often the discussions focused on how to preserve the positive impact of the internet while addressing the negative aspects, such as the facilitation of cyber bullying, narcotics trafficking, and various forms of exploitation. While others continue the discussion, Texas has stepped beyond the debate and enacted a new regulatory regime intended to shield certain materials from being viewed by minors, and to limit the collection and usage of their data.

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.