Oregon and Delaware

Oregon and Delaware Have Also Now Passed Data Privacy Laws: Data Privacy Trends

Missed these last month! Oregon and Delaware have now passed data privacy laws, making it seven states that have passed laws this year!

As reported by Husch Blackwell, on June 22, 2023, the Oregon legislature passed the Oregon Consumer Privacy Act (OCPA) (SB 619). Subject to the procedural formalities, the bill will move to Oregon Governor Tina Kotek for consideration.

The proposed effective date would be July 1, 2024 (one year later for non-profits). The Oregon bill that is one of the strongest passed to date, with 12 different rights provided to consumers regarding their personal data.

Veritas

Also reported by Husch Blackwell, on June 30, 2023, the Delaware legislature passed the Delaware Personal Data Privacy Act (HB 154). Subject to the procedural formalities in the legislature, the bill will move to Delaware Governor John Carney for consideration.

Delaware is the twelfth state to pass consumer data privacy legislation with a bill that closely resembles the Connecticut law but with some notable differences, including a lower threshold number of consumers (35,000 instead of 100,000 like many other states use – presumably because Delaware is a much smaller state population wise). Their bill is set to take effect on January 1, 2025.

Assuming the bills become law, Oregon and Delaware will become the eleventh and twelfth states – and sixth and seventh this year – to pass a consumer data privacy law. The other states that have passed bills this year are Iowa, Indiana, Montana, Tennessee, and Texas.

Husch Blackwell provides a nifty chart that includes a detailed comparison of the laws enacted to date, plus Oregon and Delaware, which have been passed but not yet enacted. They’ve been updating the chart a lot this year!

And IAPP provides a map to illustrate the current “state” of state data privacy laws (shown above), including those that have been introduced, are in progress, or are inactive. See what I did there? 😉

So, what do you think? Which state will be next? Please share any comments you might have or if you’d like to know more about a particular topic.

BTW, I’m on my first real vacation in three years (seriously! – this post was pre-scheduled!) so I may be slow to respond to comments here and on social media. 🙂

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