State Legislation
By Leslie Veloz
On October 13th, 2025, Governor Gavin Newsom signed into law AB 853, which amends the California Artificial Intelligence Transparency Act (AI Transparency Act (SB 942)), a law placing obligations on makers of generative AI systems aimed at increasing transparency to allow individuals to more easily assess whether digital content is generated or modified using AI.
Read MoreOn Oct. 13, 2025, California Governor Gavin Newsom signed into law Senate Bill 243 – Companion Chatbots. SB 243, authored by Senator Steve Padilla, requires operators of companion chatbot platforms to notify users that the chatbot is AI, provide specific disclosures to minors, and restrict harmful content. The law also includes a private right of action.
Read MoreOn October 13th, 2025, Governor Newsom signed the Digital Age Assurance Act (AB 1043) into law. Introduced by co-authors Assembly Member Buffy Wicks and Senator Tom Umberg, the law establishes age-assurance requirements for computer and mobile operating system providers and app stores as well as app developers with an aim to protect children’s online safety. The Digital Age Assurance Act enters into effect on January 1, 2027.
Read MoreOn October 8, 2025, California Governor Gavin Newsom signed into law Assembly Bill 656 — Account Cancellation. AB 656, authored by Assembly member Pilar Schiavo, focuses on social media platforms and requires them to provide users with a clear and accessible way to delete their accounts. This action must also trigger the complete deletion of the user’s personal data.
Read MoreOn October 8, 2025, California’s Governor Newsom signed AB 566—the California Opt Me Out Act—into law. The California Opt Me Out Act, using the same definitions as the CCPA, requires any business that develops or maintains an internet browser to build in an opt-out preference signal (“OOPS”) functionality. The law takes effect on January 1, 2027.
Read MoreOn October 8, 2025, Governor Gavin Newsom signed SB 361 into law. Introduced by Senator Josh Becker, the bill amends California’s Data Broker Registration Law (and amendments to the law under the Delete Act) with additional disclosure requirements for data brokers.
Read MoreOn September 29, 2025, California Governor Gavin Newsom signed the Transparency in Frontier Artificial Intelligence Act (TFAIA). Authored by Senator Scott Wiener, TFAIA follows the release of the Governor’s California Report on Frontier AI Policy, which was drafted by the Joint California Policy Working Group on AI Frontier Models.
Read MoreBy Sam Castic
The California Privacy Protection Agency (CPPA) has adopted final regulations on privacy risk assessments, cybersecurity audits, and automated decisionmaking technology (ADMT), as well as amendments to existing CCPA regulations. Final publication of the regulations is pending review by the Office of Administrative Law, and depending on when that occurs, the regulations will likely take effect 10/1/2025 or 1/1/2026. Some key concepts from these regulations, and actions to consider, are below.
Read MoreBy Mason Fitch and Kate Black
The California Attorney General’s Office (“OAG”) announced an enforcement action against Healthline.com on July 1 that marks a significant development in California Consumer Privacy Act (CCPA) enforcement. This action, accompanied by the largest fine under CCPA yet at $1.55 million, highlights critical areas of consideration for any company engaging in the advertising ecosystem as well as any company that processes sensitive personal information.
Read Moreby Felicity Slater and Susan Hintze
On April 16, 2025, the California Privacy Protection Agency (CPPA) and state Attorneys General from California, Colorado, Connecticut, Delaware, Indiana, New Jersey, and Oregon announced the formation of the bipartisan "Consortium of Privacy Regulators." The focus of the Consortium will be to foster multi-state coordination, including sharing of expertise and resources, in investigation of potential violations of and enforcement of their state's respective comprehensive privacy laws.
Read Moreby Cameron Cantrell and Felicity Slater
On March 24, 2025, Governor Youngkin (R) of Virginia signed SB 754—which amends the Virginia Consumer Protection Act (VCPA) to restrict the collection and processing of “reproductive or sexual health information” and is enforceable through a private right of action—into law. The law will take effect July 1, 2025.
Read MoreBy Felicity Slater and Kate Black
The Maryland Online Data Privacy Act (“MODPA” or the “Act”), which takes effect October 1, 2025, establishes a set of novel requirements that will have a particular impact for companies operating in the health and wellness sectors.
Read MoreBy Mike Hintze and Felicity Slater
Last year, we wrote about a proposed New York State law that would have significant impacts for entities that process health and wellness related data. That bill failed to pass before the 2024 legislative session ended. But today, in the early days of the 2025 session, the New York State legislature has passed Senate Bill S929 (SB S929), which is essentially unchanged from last year’s bill.
Read MoreBy Sam Castic
The post below was originally published by the IAPP at https://iapp.org/news/a/10-areas-for-privacy-programs-to-focus-in-2025.
This past year was another jammed one for privacy teams and it was not easy to stay on top of all the privacy litigation, enforcement trends, and new laws and regulations in the U.S.
Read Moreby Felicity Slater and Kate Black
On November 26, 2024, the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced a resolution agreement and corrective plan with Pennsylvania’s Holy Redeemer Hospital (Holy Redeemer). The agreement settles OCR’s claim that Holy Redeemer disclosed a patient’s protected health information (PHI)—including intimate reproductive health details—without a permissible purpose or valid authorization from the patient in violation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.
Read MoreOn September 15, 2023, the California Legislature passed Senate Bill 362, known as the Delete Act, which amends the California data broker law. The bill now awaits a signature from the governor. If signed, certain aspects of the law will go into effect as soon as January 31, 2024.
Read MoreBy Leslie Veloz
Florida’s SB 262 was signed into law Tuesday, June 6, 2023, making it the 10th comprehensive state privacy law enacted in the United States. SB 262 consists of several parts.
Read MoreBy Mike Hintze
When it comes into effect, the Washington My Health My Data Act (MHMDA or the Act) will impose new privacy notice obligations on regulated entities. The Act requires specific privacy disclosures relating to data that meets the very broad definition of “consumer health data.” It appears to require regulated entities to draft, post, link to, and maintain a separate “Consumer Health Data Privacy Policy” that will be largely, but not entirely, redundant of their existing privacy statement(s).
Because the Consumer Health Data Privacy Policy will be publicly available and easily scrutinized by plaintiffs’ lawyers and the Washington Attorney General, mistakes implementing this obligation are likely to be a key source of costly and disruptive litigation. Regulated entities will therefore need to take great care in meeting the Act’s notice requirements which are, in some respects, unusual and unexpected.
Read MoreBy Mike Hintze & Jevan Hutson
Biometric data is among the broad range of “consumer health data” regulated by the Washington My Health My Data Act (MHMDA). In light of MHMDA’s broad definition of biometric data, GDPR-level consent requirements, new obligations, and private right of action, the Act dramatically changes and complicates the regulation of biometric data in Washington state and is poised to become the most disruptive change in U.S. biometric privacy law since Illinois’ BIPA.
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