Jeffrey M. Csercsevits reports:
State governments are continuing to propose and adopt legislation that requires businesses to implement policies and procedures to ensure privacy rights for consumers. Businesses operating in Michigan, Ohio, and Pennsylvania should prepare for the potential dawning of a new day.
The Michigan legislature is currently considering the Consumer Privacy Act (House Bill 5989)…. The Michigan Consumer Privacy Act does not provide consumers with a private right of action for violations.
The Ohio Personal Privacy Act (House Bill 376) was introduced in July 2021, sponsored by 10 Republican lawmakers. It was then referred to the House Government Oversight Committee. On Feb. 16, it was deemed to be “informally passed.” On Feb. 22, the bill was re-referred to the Rules and Reference Committee, where it now sits….. Like Michigan’s proposal, the Ohio Personal Privacy Act does not provide consumers with a private right of action for violations.
Pennsylvania is currently considering three pieces of privacy legislation: two bills titled Consumer Data Privacy Act (House Bill 2202 and House Bill 1126), and the Consumer Data Protection Act (House Bill 2257)…. HB 1126 provides a private right of action when a consumer whose nonencrypted or nonredacted personal information is subject to an unauthorized access and exfiltration, theft or disclosure as a result of the business’ violation of the duty to implement and maintain the reasonable security procedures and practices appropriate to the nature of the information.
Read details about all these bills at SHRM.