U.S. Privacy Law Update and Challenges on the Horizon – Upcoming CLE Event on May 5

By John Babione, Dinsmore & Shohl LLP, and Michael Daniells, SMC Corporation of America

Changes to the data privacy legal landscape continue to move at a quick pace in 2022. In state legislatures across the country, there remains much activity on proposed data privacy laws. Even for laws that have already passed, working toward actions needed for various "effective dates" and "enforcement dates" is a challenge when awaiting further regulatory guidance and tracking potential amendments.   

While many in the field remain focused on the California Privacy Rights Act (CPRA) and upcoming regulations, many organizations also may be concerned about deadlines for the Colorado and Virginia data privacy laws. To make matters more interesting, Utah recently became the fourth state to pass a comprehensive data privacy law.  

As you work on your privacy program or compliance efforts for your organization or clients, it is helpful to have both a wide view of the legal landscape and a more narrow view of particular deadlines or requirements to prioritize. With limitations on time, staff and budget, most organizations have no choice but to prioritize efforts and work from a well-planned roadmap.   

Even after an organization identifies its top priorities, it makes sense to continue to keep an eye on proposed privacy laws that other states are considering and trends that may be gathering momentum. In many instances, a privacy program needs to be broader than simply aiming to comply with a single law. Accordingly, being aware of where state laws may be headed can help you proactively bake flexibility into your program or compliance plans at the right locations.   

At the upcoming May 5 CLE at IndyBarHQ, we will cover these ongoing legal developments and provide some practical guidance to consider as you steer your organization or clients through these turbulent waters. Sign up to attend here!

If you would like to submit content or write an article for the E-Discovery, Information Governance & Cybersecurity Section, please email Kara Sikorski at ksikorski@indybar.org.

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