US State Privacy Legislation Tracker 2024

by iapp

View Comprehensive Consumer Privacy Bills by clicking the link below.

Please note: This tracker only includes bills intended to be comprehensive approaches to governing the use of personal information. If a bill does not appear on the tracker, it does not qualify due to its scope, coverage, rights or purpose. Industry-specific, information-specific and narrowly scoped bills, e.g., data security bills, are not included.

View chart here: https://iapp.org/media/pdf/resource_center/State_Comp_Privacy_Law_Chart.pdf

Province looking to clamp down on data privacy

by Anna Ferensowicz - Discover Airdrie

The province has announced that over the next 18 months, it will be strengthening privacy protections for Albertans, including a proposal to amend Alberta’s privacy legislation that will ensure that the penalties for misusing the data of Albertans or violating their privacy are the strongest in Canada.

The Ministry of Technology and Innovation will also create a portal to ensure Albertans can see how their data is being used and provide an avenue for people to file a complaint if they feel their data has been misused.

Read more: https://discoverairdrie.com/articles/province-looking-to-clamp-down-on-data-privacy

State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading?

by David M. Gettings, Kim Phan, Cindy D. Hanson, Timothy J. St. George - Troutman Pepper

FCRA Focus Podcast

Please join Troutman Pepper Partner Dave Gettings and colleagues Tim St. George and Cindy Hanson for a highly informative discussion on federal preemption as it relates to state laws and the Fair Credit Reporting Act (FCRA). This episode provides listeners with an overview of important state and local legislation governing background screening, along with discussions about how federal preemption might affect required compliance with these state and local laws.

Read more: https://www.troutman.com/insights/state-laws-on-screening-and-federal-preemption-where-are-we-now-and-where-are-we-heading.html

New Jersey Legislature Passes Consumer Privacy Bill

by Kyle Dull, Alan Friel - Privacy World

On January 8, New Jersey’s General Assembly and Senate passed a consumer privacy bill, S332, which would grant New Jersey residents several rights, and obligate controllers and processors of New Jersey residents to take action. The law is similar to consumer privacy laws passed last year in other states, with some distinctions.

Read more: https://www.privacyworld.blog/2024/01/new-jersey-legislature-passes-consumer-privacy-bill/#page=1

New Pennsylvania Legislation and Philadelphia Ordinance Amendment Tackle Pardoned Convictions, Expunged Records, and Negligent Hiring Liability

by William J. Simmons, Haley Norwillo - Littler

Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening.

State Law

Enacted on December 14, 2023, and effective February 12, 2024, Pennsylvania’s House Bill No. 689 amends Pennsylvania law relating to the expungement of certain criminal record information and employer immunity when hiring individuals with expunged records. 

Read more: https://www.littler.com/publication-press/publication/new-pennsylvania-legislation-and-philadelphia-ordinance-amendment

Employment Litigation Roundup: December 2023

by David Baron, Elyse Moy, Anne Patin, Seward & Kissel LLP - JDSupra

Delaware court declines to enforce restrictive covenants in LLC agreement but grants interlocutory appeal. 

In Sunder Energy v. Jackson, et al., a company, Sunder, sued a former employee, Jackson, for breaching a non-compete and employee non-solicit.  The covenants were in Sunder’s LLC agreement (the “LLCA”), which had been amended in 2019 and 2021 to include them, and by which Sunder claimed Jackson was bound through his receipt of incentive units.  As drafted, the covenants ran while Jackson held the units and for two years thereafter.  None of the eight named parties resides in Delaware.  The only tie to the state is that Sunder is a Delaware LLC.

Read more: https://www.jdsupra.com/legalnews/employment-litigation-roundup-december-8340143/

Background Checks in Banks, and Conflicts with Ban-the-Box Laws

by Philip M. Berkowitz - Global Banking & Finance Review

Numerous federal, state and local laws require banks to run criminal background and credit checks on employees and applicants for employment. These include the Federal Deposit Insurance Act (FDIA), the Securities and Exchange Act, the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act), the Truth in Lending Act (TILA), and various FINRA rules. The background checks may also need to be re-run periodically during employment to assure the continued accuracy of the information received during the recruitment process, and to assure that the individual continues to be qualified to fill their role.

Read more: https://www.globalbankingandfinance.com/background-checks-in-banks-and-conflicts-with-ban-the-box-laws/

PHRC Asks Federal Court To Dismiss Lawsuit Filed By Uber

by Pennsylvania Human Relations Commission

HARRISBURG, PA – On Wednesday, November 22, 2023, the Pennsylvania Human Relations Commission (PHRC) asked a federal court to dismiss a lawsuit filed by Uber Technologies, Inc. against a former Driver who filed a complaint with the PHRC against Uber alleging discrimination due to Uber's overly-broad criminal background check procedures.

Read more: https://www.media.pa.gov/pages/pa-human-relations-commission-details.aspx?newsid=163

New York Governor Signs Clean Slate Law to Seal Older Criminal Convictions

by Kelly M. Cardin, Sandi F. Dubin, Zachary V. Zagger - Ogletree Deakins

On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. The legislation is intended in part to prevent discrimination in hiring against previously incarcerated individuals who have satisfied their sentences.

Read more: https://ogletree.com/insights-resources/blog-posts/new-york-governor-signs-clean-slate-law-to-seal-older-criminal-convictions/

CFPB Seeks to Fundamentally Alter the Credit Reporting Process and Use of Public Data

by Brownstein Hyatt Farber Schreck, Sarah Auchterlonie, Courtney Bartkus, Leah Dempsey, Joel Herberman, Leah Regan-Smith - JD Supra

On Sept. 21, 2023, the Consumer Financial Protection Bureau (CFPB) officially announced it is considering a rulemaking to address several consumer reporting topics under the Fair Credit Reporting Act (FCRA). Under the process established by Congress in the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), the CFPB is required to consult with representatives of small entities likely to be affected directly by the regulations. Thus, the CFPB convened a panel of Small Entity Representatives (SERs) to consider and provide feedback on its proposals and alternatives under a condensed time frame of approximately one month.

Read more: https://www.jdsupra.com/legalnews/cfpb-seeks-to-fundamentally-alter-the-2005551/