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State Privacy Law Comparison

With 20+ states having enacted comprehensive privacy laws, businesses must navigate a complex patchwork of requirements. This comparison helps you understand the key differences and similarities between state privacy laws.

Consumer Rights Comparison

The following table compares core consumer rights across major state privacy laws:

Right CA (CPRA) CO CT VA UT TX OR
Right to Access Yes Yes Yes Yes Yes Yes Yes
Right to Correct Yes Yes Yes Yes No Yes Yes
Right to Delete Yes Yes Yes Yes Yes Yes Yes
Right to Portability Yes Yes Yes Yes Yes Yes Yes
Right to Opt Out of Sale Yes Yes Yes Yes Yes Yes Yes
Right to Opt Out of Targeted Ads Yes Yes Yes Yes Yes Yes Yes
Right to Opt Out of Profiling Yes Yes Yes Yes No Yes Yes
Sensitive Data Opt-In Limit Use Yes Yes Yes No Yes Yes
Private Right of Action Limited* No No No No No No

*California's private right of action is limited to data breaches involving unencrypted personal information.

Applicability Thresholds

Different states have different thresholds for which businesses must comply:

State Revenue Threshold Data Processing Threshold Other Requirements
California $25M annual revenue 100,000 consumers/households OR 50%+ revenue from selling data
Colorado None 100,000 consumers OR 25,000 w/ sale revenue None
Connecticut None 100,000 consumers OR 25,000 w/ sale revenue None
Virginia None 100,000 consumers OR 25,000 w/ sale revenue None
Utah $25M annual revenue 100,000 consumers OR 25,000 w/ sale revenue Both required
Texas None* None* *Small business exemption applies
Oregon None 100,000 consumers OR 25,000 w/ sale revenue Includes nonprofits

Enforcement Comparison

State Enforcing Authority Cure Period Maximum Penalty
California CPPA, Attorney General None (expired Jan 2023) $7,500 per intentional violation
Colorado Attorney General 60 days (until Jan 2025) $20,000 per violation
Connecticut Attorney General 60 days (until Dec 2024) $5,000 per violation
Virginia Attorney General 30 days $7,500 per violation
Utah Attorney General 30 days $7,500 per violation
Texas Attorney General 30 days $7,500 per violation
Iowa Attorney General 90 days $7,500 per violation

Key Takeaways

Definition Variations Across States

Key terms have different meanings in different state laws:

Personal Information/Data

State Term Used Key Differences
California Personal Information Broadest definition; includes household-level data and inferences
Virginia/Colorado Personal Data Linked to identified/identifiable natural person only
Utah Personal Data Excludes de-identified data and aggregate consumer information

Sale vs. Sharing

Sensitive Personal Information Categories

States vary in what they consider "sensitive" data requiring heightened protection:

Category CA CO CT VA TX
Race/Ethnicity Yes Yes Yes Yes Yes
Religious Beliefs Yes Yes Yes Yes Yes
Health Information Yes Yes Yes Yes Yes
Biometric Data Yes Yes Yes Yes Yes
Precise Geolocation Yes Yes Yes Yes Yes
Sexual Orientation Yes Yes Yes Yes Yes
Genetic Data Yes Yes Yes Yes Yes
Citizenship/Immigration Yes Yes Yes Yes No
Known Child Data No* Yes Yes Yes Yes

*California addresses children's privacy through separate mechanisms including the Age-Appropriate Design Code Act.

Compliance Strategy for Multi-State Operations

Businesses operating across multiple states should consider these approaches:

Option 1: California-First Approach

Apply California CCPA/CPRA standards universally. Since California has the broadest requirements, compliance with CPRA typically covers other state laws. This simplifies operations but may be more restrictive than required in some states.

Option 2: State-Specific Approach

Implement different privacy practices based on consumer residence. More complex to manage but allows optimization for each jurisdiction. Requires robust systems for identifying consumer location.

Option 3: Unified Privacy Program

Develop a comprehensive privacy program that addresses the strictest requirements across all applicable states. Regularly update as new states enact laws and existing laws are amended.

Universal Opt-Out Mechanisms

Several states require businesses to honor universal opt-out signals:

Children's Privacy Considerations

State laws have varying approaches to minors' data:

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