In the evolving landscape of data privacy, staying compliant with state regulations is crucial for any business that handles consumer data. At BB Direct, we understand the complexities of these laws and are committed to ensuring that our clients have access to data that is both high-quality and lawfully curated. This post will outline recent changes in state privacy laws and explain how BB Direct proactively addresses these changes to protect our reseller clients.
Overview of New State Privacy Laws
In 2023 and 2024, several states have enacted or will enact new privacy laws that affect how businesses process sensitive personal information. Here’s a detailed overview of these changes:
Privacy Laws Effective in 2023
1. California:
- Effective Date: January 1, 2023
- Requirements: California’s privacy laws provide consumers the right to opt-out of processing their sensitive personal information. Businesses must provide clear notice and an opportunity for consumers to opt out.
- Sensitive Information: Includes social security numbers, driver’s license numbers, precise geolocation, racial and ethnic origins, religious beliefs, genetic data, biometric information, and personal health information.
2. Colorado:
- Effective Date: July 1, 2023
- Requirements: Colorado requires businesses to obtain opt-in consent before processing sensitive personal information. This means consumers must perform an affirmative act indicating their consent.
- Sensitive Information: Covers racial or ethnic origin, religious beliefs, sexual orientation, citizenship or immigration status, biometric or genetic data, and information regarding an individual's medical history or health condition.
3. Connecticut:
- Effective Date: July 1, 2023
- Requirements: Similar to Colorado, Connecticut mandates opt-in consent for processing sensitive personal information.
- Sensitive Information: Includes racial or ethnic origin, religious beliefs, sexual orientation, biometric or genetic data, and medical history.
4. Virginia:
- Effective Date: January 1, 2023
- Requirements: Virginia’s law also requires opt-in consent before any sensitive personal information is processed.
- Sensitive Information: Encompasses racial or ethnic origin, religious beliefs, sexual orientation, citizenship or immigration status, biometric or genetic data, and medical information.
5. Utah:
- Effective Date: December 31, 2023
- Requirements: Utah provides consumers with the right to opt-out of the processing of their sensitive personal information. Businesses must inform consumers and provide a clear opt-out mechanism.
- Sensitive Information: Includes racial or ethnic origin, religious beliefs, sexual orientation, citizenship or immigration status, biometric or genetic data, and health information.
Privacy Laws Effective in 2024
1. Montana:
- Effective Date: October 1, 2024
- Requirements: Montana’s law requires businesses to obtain opt-in consent from consumers before processing any sensitive personal information. It includes a 60-day cure provision that sunsets April 1, 2026.
- Sensitive Information: Comprises racial or ethnic origin, religious beliefs, sexual orientation, citizenship or immigration status, biometric or genetic data, and precise geolocation data (1,750-foot radius).
2. Oregon:
- Effective Date: July 1, 2024
- Requirements: Oregon requires opt-in consent for processing sensitive personal information. The law also includes a requirement to recognize digital universal opt-out mechanisms.
- Sensitive Information: Encompasses racial or ethnic origin, religious beliefs, sexual orientation, citizenship or immigration status, biometric or genetic data, medical history, and status as a victim of crime or as transgender/nonbinary.
3. Tennessee:
- Effective Date: July 1, 2025
- Requirements: Tennessee mandates opt-in consent before processing sensitive personal information. The law includes a NIST Privacy Framework carve-out and an affirmative defense against enforcement for businesses adhering to the NIST standard.
- Sensitive Information: Covers racial or ethnic origin, religious beliefs, sexual orientation, citizenship or immigration status, biometric or genetic data, medical history, and precise geolocation data (1,750-foot radius).
4. Texas:
- Effective Date: July 1, 2024
- Requirements: Texas requires opt-in consent for processing sensitive personal information. It also includes provisions for data protection impact assessments and user opt-outs for targeted advertising and data sales.
- Sensitive Information: Includes racial or ethnic origin, religious beliefs, sexual orientation, citizenship or immigration status, biometric or genetic data, medical history, and precise geolocation data (1,750-foot radius).
Ensuring Compliance with Data Privacy Regulations
BB Direct’s Consumer Database is updated to reflect these new privacy laws, ensuring that our data remains compliant with all current regulations. We take several measures to protect our clients and ensure data privacy:
- Regular Updates and Audits: Our Consumer Database is regularly updated to comply with changes in state privacy laws. This ensures that the data we provide is always compliant with the latest regulations.
- Opt-In and Opt-Out Management: Depending on the state’s requirements, we ensure that consumer data is processed only with the appropriate consent. Our systems are designed to respect and enforce opt-in and opt-out preferences.
- Data Anonymization and Aggregation: By anonymizing and aggregating data at the block group, tract, and ZIP Code™ levels, we ensure that the data used in our Consumer Database is not considered sensitive personal information under these new laws.
Introducing Market Indices ACS
To further enhance our compliance efforts and provide valuable insights, BB Direct offers Market Indices ACS. This product includes over 500 demographic data elements based on the American Community Survey (ACS) conducted by the U.S. Census Bureau. The data is anonymized and aggregated, making it a powerful tool for market analysis without compromising consumer privacy.
Commitment to Our Clients
At BB Direct, we are dedicated to providing our clients with reliable, accurate, and lawfully curated data. By leveraging our Consumer Database and Market Indices ACS, clients can confidently conduct their marketing campaigns knowing that their data practices are compliant with the latest privacy laws.
Conclusion
Navigating the complexities of data privacy laws can be challenging, but BB Direct is here to help. Our commitment to compliance and data integrity means that you can focus on your marketing efforts while we take care of the rest. Stay informed and protected with BB Direct.