A Mid-Year Privacy Check-In – Important Developments and New Compliance Obligations for Privacy Laws
During the first half of 2025, state legislators and regulators have been working overtime to enact new data privacy laws and expand existing laws, all of which are likely to have an impact on businesses in the remainder of the year and into 2026. These efforts reflect key themes such as increased regulation of teen data and social media platforms, enhanced restrictions on the collection and sale of geolocation and biometric data, simplified opt-out mechanisms for tracking technologies, and broader obligations concerning consumer health data and data minimization. In parallel, significant regulatory activity surrounding AI has emerged, including a new federal AI Action Plan and proposed amendments to the CCPA addressing automated decision-making technologies, alongside a wave of new state AI laws.
New Hampshire’s Comprehensive Data Privacy Legislation
As the state boasting the headquarters of the International Association of Privacy Professionals, many have been watching the development of the New Hampshire comprehensive consumer data privacy law with great interest, wondering if it may be a practical model for the nation. On March 6, 2024, Governor Chris Sununu signed SB 255-FN (“the Act”) into law. In some respects, New Hampshire’s privacy law is comparatively more moderate than some other state laws. For instance, the New Hampshire Secretary of State’s rulemaking authority under the Act is currently limited to establishing requirements for privacy notices. This narrow extension of rulemaking authority is a divergence from the broad rulemaking authority granted by California, Colorado, and other states. The New Hampshire law does not allow for a private right of action. There is a right to cure alleged violations through the first year the law is in force; afterwards, the opportunity to cure is left to the Attorney General’s discretion. The legislation will take effect on January 1, 2025.
Washington State Enacts My Health My Data Act, Broadly Regulating Health-Related Data With a Private Right of Action
On April 27, 2023, Washington Gov. Jay Inslee, a Democrat, signed into law the state’s My Health My Data Act (the Act), which will become effective on March 31, 2024 (June 30, 2024, for small businesses). Despite its name, this is a comprehensive privacy bill that will affect many entities, including those outside of the traditional “health” context. The rights and obligations may apply to individuals other than Washington residents, as the law defines consumers as including persons whose data is merely collected or otherwise processed in the state.
Illinois Supreme Court Clarifies Accrual for Illinois Biometric Privacy Act Claims
For the second time in two weeks, the Illinois Supreme Court clarified the scope of the Illinois Biometric Privacy Act (BIPA) — this time in Cothron v. White Castle. The court, in a 4–3 decision, held that BIPA claims accrue each time biometric data is collected or transmitted, and not just the first time.1
