Push for federal data privacy law grows as rights vary by state – By Gopal Ratnam (Roll Call) / Jan 17, 2024
Fight brewing over data minimization
States that have enacted data privacy laws and those pursuing them are migrating into disparate camps in their approaches to privacy protections, setting up a clash if Congress enacts federal legislation.
In the absence of nationwide policy, 13 states have enacted their own laws. California, the first state in the nation to pass a comprehensive law, formed a camp of its own with its 2020 measure that allows consumers to directly sue tech and online companies over data breaches involving personal information such as names, social security numbers and email addresses.
Twelve other states have taken a different approach, modeled on a bill first proposed in Washington state in 2019 but that has so far not been passed in that state. Data privacy laws now in effect in Colorado, Connecticut, Delaware, Indiana, Iowa, Florida, Montana, Oregon, Texas, Tennessee, Utah and Virginia don’t allow individuals to sue tech companies for data breaches, and instead offer consumers a mix of basic and substantive protections.
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