In the United States, assessments are quickly becoming one of the trending requirements of new legislation and proposed bills. CPRA, CPA, and VCDPA all have privacy impact assessment requirements, and as 2023 approaches rapidly organizations should be thinking about how to complete assessments, where to store them, and reporting on assessment outcomes.

Last month, the Indian Joint Parliamentary Committee submitted its report on the 2019 Personal Data Protection Bill after two years of consideration, research, and analysis. The bill, while not a certainty but likely to pass, would replace what some consider to be archaic data protection regulations. Although not finalized, the biggest obstacle if implemented as envisioned is strict data localization. India has been in the group of countries legislating data privacy for decades, culminating in the 2021 JPC report submission. Here’s a look at the history of data privacy legislation in India.

The History of Data Privacy Legislation in India

• 2000 – Information Technology Act is passed by parliament and signed by President K.R. Narayanan addressing electronic documents, e-signatures, and record authentication.
• 2017 – The Indian Supreme Court hears Justice KS Puttaswamy vs Union of Indiaand passes a historic judgment affirming the constitutional right to privacy.
• 2019 – Introduction of the Personal Data Protection Bill and immediately sent to the JPC to be examined.
• 2021 – JPC submits report on PDP to Indian Parliament revisions.

The long-awaited report submitted December 16, 2021 by the JPC has provided necessary clarification and modifications that seek to enhance the syntax and governance of the bill.

The recommended amendments are as follows:

• Scope – The bill has a proposed name change to Data Protection Bill and will cover both personal and non-personal data which is unusual as distinction of data type can be difficult when managing mass amounts of data. Clauses also address the deceased and transfer of minor rights (see Clause 16 below).
• Implementation Timeline – The report outlines a timeline with a 24-month implementation period for data processors to comply.
• Definitions – The following terms have been defined or revised: consent manager, data auditor, data breach, data fiduciary, data processor, data protection officer, harm, and non-personal data.
• Clauses 13 & 14 – These clauses apply to consent of personal data processing for employment and legitimate interest, marrying the interests of both the data principal and data fiduciary.
• Clause 16 – Entities dealing with the data of children must register with the DPA and are required to communicate with the subject 3 months prior to adult age to regain consent and “must continue providing the services to the child unless the child withdraws consent.”

The implementation timeline for the Data Protection Bill is still unknown but will likely be a phased approach. Like California, there is discussion of an oversight committee called the Data Protection Authority of India that would supervise compliance with the proposed law. With the notable amendments to the bill, it’s unlikely we’ll see this come to fruition quickly. Not unlike most proposed privacy legislation, it has been met with dissent and opposition and will have to make its way through the courts of India before becoming law.

Last month Amazon was hit with the highest personal data fine to date. A whopping $886.6 million (746 million euros) fine was levied against the corporation by the European Union fine for processing personal data in violation of the bloc's GDPR rules. This action foreshadows a privacy climate in which enforcement will be the norm, trending away from the spotty enforcement of the past.

Ohio is joining the likes of Massachusetts, New York, and Texas by introducing a privacy bill. The Ohio Personal Privacy Act (House Bill 376) would apply to companies with sales above $25 million or ones that keep records on more than 100,000 customers, similar to the California Consumer Privacy Act; however, it differs from the CCPA in that the legislation has been tailored to protect small and midsized businesses.

It is official - Governor Jared Polis has signed the bill making the Colorado Privacy Act the latest enacted state legislation, joining California and Virginia. But what are we going to see out of the Colorado Privacy Act that's different from CCPA and CDPA? 

Updated 6/9/21 @ 11am: The Colorado Senate unanimously voted 34-0 on concurrence and final passage of SB190. It now heads to Gov. Polis, who will have 10 days to sign or explicitly veto it.CPA applies to businesses collecting data on more than 100,000 individuals, or those earning revenue from the data of more than 25,000 consumers. It includes standard data subject rights, an opt-out consent model with a universal opt-out mechanism, and a right to cure, all subject to normal AG rule-making and enforcement.

CPA is effective July 1, 2023 unless vetoed by the Gov. The biggest difference when compared to Virginia or CPRA is the broad requirement (with fewer exemptions) for data protection privacy assessments.

A more specific compliance issue Colorado presents, according to attorney David Zetoony, is the required data protection assessment. Such examinations are also required in the Virginia Consumer Data Protection Act, but Colorado does not exempt companies from these assessments like Virginia.

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The Colorado Privacy Act SB190 has passed the Colorado House of Representatives by a vote of 57-7. While the bill must return to the Senate for final reconciliation of amendments made by the House, it’s most likely. Unless the Governor vetos it, which is improbable, the amendments will be reconciled in the next few days.

In a meeting agenda released today, the California Privacy Protection Agency made it clear that they are going to move quickly and start implementing changes straightaway. In fact, it looks like they will assume rule-making authority immediately. The meeting is scheduled for Monday, June 14, 2021 at 9:00 am PST and will begin with formal introductions to the CPPA committee members:

The Colorado State Senate has unanimously passed the Colorado Privacy Act which will now move to the State Assembly for voting. The current session continues until June 12, 2021, giving time for reconciliation between the Colorado Senate and House. 

The influx of states proposing and voting on privacy bills has been a good sign for consumers that lawmakers are concerned about data privacy. But at this point, we’ve only seen California, Virginia, and Nevada actually succeed in passing such legislation. Since more states are addressing consumer data privacy, we want to dive into why some aren’t passing the first, second, or even third time.

When the California Consumer Privacy Act went into effect last year there was concern surrounding enforcement and which business would be the first to face consequences. California voters decided that an agency should be put in place to uphold compliance. This agency, dubbed the California Privacy Protection Agency, is charged with rulemaking and will join the attorney general in taking enforcement actions. The agency has been tasked with fulfilling their initial rulemaking responsibilities by July 1, 2022.