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Private Right of Action

State privacy laws generally leave enforcement to attorneys general, but legislators in many states continue to propose including a private right of action. Inclusion of a PRA in more sector-specific laws like the Illinois Biometric Information Privacy Act (BIPA) have resulted in many lawsuits.

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Ky. House, Senate Propose Privacy Bills
January 4, 2024 |State Telecom

Kentucky state representatives and senators will consider different comprehensive data privacy bills during the 2024 legislative session, which opened Tuesday. On day one Rep. Phillip Pratt (R) introduced the 22-page HB-24, while Sen. Whitney Westerfield (R) floated SB-15, a 31-page piece of legislation. The House bill would apply to businesses that process personal data of at least 100,000 consumers annually, while the number in the Senate version is 50,000. Both bills would also apply to companies that process data of at least 25,000 consumers while deriving more than 50% of gross revenue from selling personal data. Among the differences, SB-15 would allow consumers to use global privacy controls to opt out, such as through a browser plugin or setting. Both bills allow enforcement solely by the state attorney general, with a 30-day right to cure and no private right of action. In addition, both would take effect Jan. 1, 2026. Going into 2024, 13 states had comprehensive privacy laws.

Mo. Legislators Offer 5G, Streaming, Social Media Bills
January 4, 2024 |State Telecom

Missouri legislators introduced a flurry of telecom and internet bills before their 2024 session started Wednesday. Rep. Chad Perkins (R) pitched HB-1995 to delete the Jan. 1, 2025, sunset date for the state’s 2018 small-cells law (see 1806040050), which preempted local governments on right of way in an effort to streamline 5G infrastructure deployment. Rep. Ben Keathley (R) offered HB-2057, clarifying that streaming content is exempted from paying video franchise fees. Two other bills would relieve broadband’s tax obligations. HB-2142 by Rep. Ben Baker (R) would provide a tax deduction for broadband grant funds for 2022 and later tax years. HB-2168 by Rep. Aaron McMullen (R) would provide sales and use-tax exemptions for machinery and equipment that provides broadband, starting Jan. 1, 2025. Another Baker bill would ban Missouri government employees from using or downloading on a state-owned device "any social media application that is owned, in whole or in part, by the Chinese government or any company that shares its user’s data with the Chinese Communist Party.” HB-2141, which would cover TikTok, wouldn’t "apply to military or law enforcement agencies when doing so is in keeping with the fulfillment of their duties." Rep. Josh Hurlbert (R) seeks to ban TikTok on school district-owned devices and district-provided internet access. In addition, the bill would halt use of the specified social media application(s) to "promote any district school, school-sponsored club, extracurricular organization, or athletic team." HB-2157 would also require social media companies to verify users' ages and restrict minors from opening accounts without parental consent. Moreover, it would restrict them from using "a practice, design, or feature" that they know, or reasonably should know, "causes a Missouri minor account holder to have an addiction to the social media platform." The bill includes a private right of action and state attorney general enforcement. It would also require school districts to develop internet safety policies.