Second-Generation Consumer Privacy Laws: The Evolution of Data Protection in the United States

In a crucial move towards heightened data privacy, California enacted the first-of-its-kindCalifornia Consumer Privacy Act (CCPA) in 2018. The CCPA drew significant inspiration from Europe’s General Data Protection Regulation (GDPR). Taking a cue from California, other U.S. states such as Colorado also executed their respective data privacy regulations.

A year later, California bolstered its data privacy legislation through a ballot initiative known as the California Privacy Rights Act (CPRA). The initial CCPA did not impose extensive due diligence requirements, with several corporations creating data protection programs that were no more than superficial symbolism. However, the commencement of second-generation consumer privacy laws and regulations has prompted other state departments to institute affirmation due diligence alongside structured protocols for conducting risk assessments related to data privacy.

Current laws pertaining to the privacy of minors in states such as California and Connecticut are also instructive here. These laws mandate the documentation of risk analyses and their affiliated corrective actions. The documents should be ready for review by regulatory bodies, and the CPRA necessitates risk assessments to be submitted to the state as well. Executive officers may even be required to certify these documents. Therefore, corporations subjected to these state privacy laws must prioritize the refinement of their data inventory and assessment practices by 2024 to comply with the enforcement of these legal precepts.

For more in-depth information, please refer to the original article on Law.com.