Common Ground, Key Differences And What's Next
In the absence of a comprehensive federal privacy law in the United States, individual states have increasingly taken matters into their own hands. Over the past few years, many states have enacted comprehensive consumer privacy laws that share some similarities with Europe's GDPR, but each has its own flavor.
This patchwork creates both opportunity for stronger consumer protections and complexity for businesses operating across multiple states.
What Are Comprehensive Consumer Privacy Laws (CSPLs)?
Comprehensive consumer privacy laws are statutes at the state level that:
- Define personal data / personal information broadly
- Grant consumers various rights over their data (access, deletion, correction, portability, etc.)
- Impose obligations on businesses that collect, process, or share personal data
- Provide for enforcement (by state authorities; sometimes also consumer private rights)
- Specify thresholds for applicability (size of business, volume of data processed, revenue, etc.)
States that have passed such laws include California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Texas, Florida, Oregon, Delaware, New Hampshire, New Jersey, Montana, among others.
Common Rights And Obligations
While there is variation, many of the newer state privacy laws share a common set of rights for consumers and obligations for businesses. Here are what most of them include:
Consumer Rights
Right of Access:
Consumers can request what personal data is collected about them.
Right to Correct:
If the data is inaccurate, the consumer can have it corrected.
Right to Delete:
Data controllers may need to delete consumer data upon request.
Right to Data Portability:
The ability to obtain data in a usable format and transfer it elsewhere.
Right to Opt Out:
Especially for sale of personal information, targeted advertising, profiling, or sharing.
These are core rights you'll see in laws like the California Consumer Privacy Act (CCPA) (and its successor the California Privacy Rights Act, CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA)
Consumer Rights
Data Protection & Security:
Reasonable security measures must be taken to protect consumer personal data.
Transparency / Notice:
Businesses must disclose what data is collected, why, how it's used, shared, etc.
Limits on Use:
Especially for sensitive personal information (SPI), profiling, targeted advertising. Some states require affirmative consent for certain uses.
Data Minimization / Retention:
Only keep data as long as needed; limit collection to what is necessary.
Assessment & Accountability:
Some laws require data protection impact assessments or risk assessments.
These obligations are increasingly standard across newer state laws.
Key Differences Across State Laws
While many state privacy acts converge around certain rights and obligations, there are crucial differences in scope, definitions, thresholds, enforcement, and what is considered sensitive personal data.
These differences matter a lot. Below are some of the major axes of variation, illustrated by what a few states are doing.
Aspect | Variation / Examples |
|---|---|
Applicability thresholds | Some laws apply only to businesses that meet revenue thresholds, or process data of a certain number of consumers or households annually. Others have lower or different thresholds. For example, under CPRA (California), a business qualifies if it meets any one of three criteria: Revenue over $25M, processing data of 100,000+ consumers or households, or deriving a majority of revenue from selling/sharing consumer data. |
Definition of Sensitive Personal Information | The kinds of data considered sensitive vary. Some states include genetic or biometric data always. Others only if used for identification. Some include sexual orientation, race, health, or precise geolocation. Others have narrower definitions. For example, Delaware includes genetic or biometric data regardless of usage. Texas defines sensitive personal information to include information revealing sexuality which is slightly broader than some other states. |
Consent / Opt-in vs Opt-out | For ordinary data processing vs sensitive data, state laws differ on whether companies need opt-in consent or whether an opt-out is sufficient. Some states require explicit consent before using sensitive personal information. Others allow notice + opt-out. For example, Iowa and Florida permit opt-out for processing sensitive personal information, rather than requiring prior consent. |
Enforcement and penalties | Who enforces AG / regulatory agency, what penalties are, whether there is a private right of action allowing individuals to sue. Some states allow only state AG enforcement. Some allow private lawsuits under certain conditions. For example, California's CPRA has civil penalties especially for violations involving children under 16. Virginia, Colorado etc have enforcement via state AG and sometimes additional regulatory bodies. |
Data Breach Notification And Data Broker Registries | Some states require companies to notify consumers / state authorities in case of data breaches, some have specific requirements for data brokers. California has the Delete Act, data broker registration and deletion mechanisms. |
Protection of Minor's Data | Many laws impose stricter rules for processing data of minors under 13 or under 16. It means higher penalties, and require clearer consent or parental consent. California's CPRA increased fines for violations involving children under 16. Connecticut, Virginia, etc. have rules for minors. |
Effective dates and transition timelines | Laws become effective at different times, often with lead times for businesses to adjust. Some laws are already active. Others apply in future. Delaware's law effective Jan 1, 2025. Indiana's CDPA goes into effect Jan 1, 2026. |
State By State: Spotlights
To make this concrete, here are snapshots of a few state laws that illustrate how some of these differences play out in practice.
California (CCPA - CPRA)
CCPA, enacted 2018, effective 2020, gave broad rights: access, deletion, opt-out, etc.
CPRA took effect Jan 1, 2023. It builds on CCPA, adding or strengthening rights with the ability to correct inaccurate personal data, limits on use of sensitive personal information, stronger enforcement, establishes California Privacy Protection Agency, and higher penalties especially for violations involving minors.
Also features specific laws like the California Delete Act, which creates a consumer-friendly mechanism to direct data brokers to remove personal information, data broker registration requirement, audits.
Virginia (VCDPA) & Colorado (CPA)
Both states' laws are similar in many respects. Rights to access, correction, deletion, portability, and opt-out.
For sensitive personal data, Virginia's law requires opt-in consent; Colorado similarly sets rules around use of sensitive personal data.
Others with upcoming / newer laws
Delaware: Personal Data Privacy Act effective Jan 1, 2025. Notably, Delaware defines sensitive data broadly, heightens protection for children, gives consumers opt out of processing for targeted advertising.
Iowa, Indiana, Florida, etc.: Each has or will soon have their own privacy law, often aligning with the model that states like California, Virginia, Colorado helped to set. But differences especially in thresholds, sensitive personal data definitions, and consent models.
Implications And Challenges
The proliferation of state privacy laws is good for consumer rights, but it also introduces challenges.
For Businesses
Compliance complexity: If a business operates nationwide, or online, it may be subject to multiple state laws, each with different obligations. One size doesn't fit all.
Tracking and updating: Laws evolve: definitions, thresholds, enforcement guidance. Businesses must stay up-to-date.
Operational changes: Data inventories, privacy policies, user‐interfaces for rights requests, data flows, especially if data is shared across states.
Costs: Implementation (legal, technical, HR), monitoring, possibly audits. Smaller businesses might struggle, especially if thresholds are met or if serving customers in many states.
For Consumers
Potentially greater control over personal information: more rights, clearer obligations on companies.
But can face confusion - what rights apply, who to contact, how to enforce. Also, differences between states might lead to uneven protection. You might have stronger rights in one state vs weaker in another.
What To Watch Going Forward
- Further legislative activity:
More states are considering or drafting privacy laws. Even within states already having laws, amendments and updates are likely. - Harmonization efforts:
There is interest in creating model laws or federal legislation, to reduce the patchwork and harmonize definitions, thresholds, enforcement. - Regulatory guidance and enforcement:
As laws go into effect, regulatory agencies will issue rules and guidance. Enforcement actions will set precedents that clarify ambiguous areas. What reasonable security measures are, what counts as sharing or selling data, etc. - Litigation:
Many laws allow or may allow private lawsuits. Class actions may arise out of violations, especially where consumers feel rights are not respected. - International and cross-border data flows:
As more foreign entities or U.S. businesses dealing with foreign customers manage data, compliance with U.S. state laws may intersect with GDPR, etc.
Practical Tips For Businesses
To manage compliance effectively, here are some steps businesses might take:
- Map out data flows: Know what personal data you collect, process, share, where stored, for what purposes.
- Assess which laws apply: Check the states in which you have customers or do business; see if your business meets thresholds in those states.
- Define Sensitive Personal Information clearly: For each law, know what is “sensitive" and may require stricter consent or treatment.
- Build or adjust privacy policies and notices: Make them clear, comprehensive, state-specific if necessary.
- Set up mechanisms for consumer rights requests: Access, deletion, portability, opt‐out. Make sure there is a secure process for verification.
- Ensure security & data minimization practices: Only collect what's needed; secure data; have retention/destruction policies.
- Monitor legal changes: Since many laws are new or being updated.
Do SearchUSAPeople.com Have To Follow Different State Privacy Acts?
Our people search service have access to personal information about individuals, including addresses, phone numbers, and even criminal records nationwide. One key question is if SearchUSAPeople.com have to comply with different state privacy laws? The short answer is no.
It's because we are affiliated with Infotracer and its them who have all the data and they to follow different state privacy acts. SearchUSAPeople.com have anopt-out option that allow individuals to request removal of their personal information from Infotracer.
Stronger Privacy Protections At The State Level
The U.S. is seeing a strong movement towards stronger privacy protections at the state level. Without a federal law yet, states are the frontline.
While many state privacy laws share common principles, the devil is in the details. Definitions (what counts as sensitive data), thresholds (which businesses are in scope), consent models (opt-in vs opt-out), and enforcement styles differ.
For businesses, this means more complexity and need to adapt. For consumers, more possibilities, but also maybe more confusion unless these laws are well-communicated and enforced.
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