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State Data Privacy Laws Expand in 2023

compliance and regulations written on two bindersSeveral data privacy laws are taking effect in the U.S. this year, starting this month. Here’s what you need to know, plus details on ACA’s upcoming state law webinars.

01/25/2023 12:15 P.M.

3.5 minute read

Data privacy and security impacts every business and industry, and with several state laws in effect or taking effect this year, we wanted to provide a checkpoint and resources on compliance.

In collections, we know you already maintain and protect consumer and client data, which is why ACA International tracks state data privacy legislation to help you comply and stay updated on what’s ahead in this area.

It’s expected legislation on data privacy will continue in the states and that activity will resume on a federal-level bill.

The State of Affairs

California set the stage a couple of years ago with one of the most sweeping state data privacy laws to date, the California Consumer Privacy Act (CCPA), which took effect on Jan. 1, 2020.

The CCPA allows consumers the right to opt out of the sale or sharing of their personal information and requires businesses to disclose data collection and sharing practices.

California also has an agency for data security enforcement, the California Privacy Protection Agency, under the California Privacy Rights Act—an amendment to the state’s original data privacy law that adds privacy protections effective Jan. 1, 2023, including:

  • The right to correct inaccurate personal information that a business has about them; and
  • The right to limit the use and disclosure of sensitive personal information collected about them.

Businesses required to follow the CCPA must respond to consumer requests to exercise their data privacy rights and make certain disclosures to consumers about their privacy practices, according to the California Privacy Protection Agency’s website.

With California as a baseline for state-level data privacy, let’s move on to other states and what’s ahead in 2023.

Virginia’s Consumer Data Protection Act also took effect Jan. 1, establishing a framework for controlling and processing personal data in the commonwealth, ACA International previously reported.

The law outlines responsibilities and privacy protection standards for data controllers and processors but does not apply to state or local governmental entities and contains exceptions for certain types of data and information governed by federal law.

Under the new law, consumers have rights to access, correct, delete, obtain a copy of personal data and to opt out of the processing of personal data for the purposes of targeted advertising.

A handful of states have laws on the books starting this summer, such as the Connecticut Data Privacy Act (July 1, 2023), which mostly follows the Virginia Consumer Data Protection Act and the Colorado Privacy Act.

Colorado’s Privacy Act will also take effect July 1 to implement personal data privacy rights for consumers.

Utah’s is the last data privacy law going into effect this year, with its effective date falling on Dec. 31.

That said, as legislative sessions are ramping up, its expected data privacy laws in other states will be introduced or revisited, such as in Oklahoma, Minnesota, Mississippi and Washington

Will Congress Act?

Enacting federal data privacy legislation that would mesh with state laws while creating a uniform level of privacy protections will likely come up again in the 118th Congress.

The American Data Privacy Protection Act gained bipartisan support last Congress, but did not pass in both chambers. It’s expected U.S. Rep. Cathy McMorris Rodgers, R-Wash., will reintroduce the bill.

ACA has consistently advocated for a balance between protecting consumers’ data privacy and ensuring legitimate businesses are not faced with duplicative laws that create regulatory burdens.

For a review of these state laws and others taking effect in 2023, Collector magazine has you covered with “What’s Ahead in 2023?”

For more updates on state laws and trends to know, a quarterly series from ACA, “State Specifics for Collectors,” will eliminate confusion and help trainers, compliance officers and collectors in the ARM industry gain a better understanding of the most important state “can and cannots ” to remain compliant on every call, no matter the consumer location. Stefanie Jackman, partner at Troutman Pepper, Abigail Pressler, general counsel at NCB Management Services Inc., and Nicholas Prola, general counsel at Professional Finance Company Inc., will lead this session.

The next webinar is from 2 to 3 p.m. CDT, Feb. 28. Visit the registration page here.

For more state updates, members are invited to join the weekly ACA Huddle at 11 a.m. CDT on Wednesdays.

If you have executive leadership updates or other member news to share with ACA, contact our communications department at [email protected]. View our publications page for more information and our news submission guidelines here.

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