Introduction

As data breaches become more common, increased public attention on privacy has led to a flurry of state-level activity on the issue. With a federal privacy bill languishing in Congress, the states have taken the lead. California, Colorado, and Virginia have all passed comprehensive privacy laws in the past three years. In 2021, an additional twenty-one states considered a comprehensive privacy bill.

Considering the serious risk of fragmentation that could arise from dozens of distinct privacy statutes, the Uniform Law Commission has proposed a model bill – the Uniform Personal Data Protection Act (“UPDPA”). The Uniform Law Commission’s model bills, such as the Uniform Commercial Code, are often influential in the development of state laws.  The UPDPA will be available for states’ 2022 legislative sessions, with a bill having already been introduced in the District of Columbia.

If adopted, the UPDPA offers a more business-friendly framework than many of the existing and proposed state privacy laws. (more…)