As of July 2023, 10 states in the U.S. had state-level privacy laws signed. While the core content was mainly similar in these regulations, they differed in covering certain consumer rights. All signed laws protect the right of a consumer to access personal information collected by companies and shared with third parties. The first state-level privacy law proposed in California in 2018 had gaps, as it did not reference the consumer's right to request a correction of incorrect or outdated personal information and other rights. However, the second privacy law developed afterward in California, the California Privacy Rights Act, was more comprehensive. Other consumer rights, such as the consumer's right to opt out of specific processing and the right to opt in for sensitive data processing, were rarely protected, too. Only two laws covered the consumer's right of private action, with certain limitations.
State laws on data privacy in the United States as of July 2023, by consumer rights covered
Privacy laws
Right to access
Right to correct
Right to delete
Right to opt out of certain processing
Right to portability
Right to opt out of sales
Right to opt in for sensitive data processing
Right against automated decision making
Private right of action
California Consumer Privacy Act (effective - Jan 1, '20)
Yes
No
Yes
No
Yes
Yes
No
No
Yes
California Privacy Rights Act (fully operative - Jan 1, '23)
Yes
Yes
Yes
In case of a sensitive data
Yes
Yes
No
Yes
Limited to certain violations only
Colorado Privacy Act (effective - Jul 1, '23)
Yes
Yes
Yes
In cases of profiling/targeted advertising purposes
Yes
Yes
Yes
In certain cases
No
Connecticut Data Privacy Act (effective - Jul 1, '23)
Yes
Yes
Yes
In cases of profiling/targeted advertising purposes
Yes
Yes
Yes
In certain cases
No
Indiana Consumer Data Protection Act (effective - Jan. 1, '26)
Yes
Yes
Yes
In cases of profiling/targeted advertising purposes
Yes
Yes
Yes
In certain cases
No
Iowa Consumer Data Protection Act (effective - Jan.1, '25)
Yes
No
Yes
No
Yes
Yes
No
In certain cases
No
Montana Consumer Data Privacy Act (effective - Oct.1, '24)
Yes
Yes
Yes
In cases of profiling/targeted advertising purposes
Yes
Yes
Yes
In certain cases
No
Tennessee Information Protection Act (effective - Jul. 1, '25)
Yes
Yes
Yes
In cases of profiling/targeted advertising purposes
Yes
Yes
Yes
In certain cases
No
Texas Data Privacy and Security Act (effective - Jul 1, '24)
Yes
Yes
Yes
In cases of profiling/targeted advertising purposes
Yes
Yes
Yes
In certain cases
No
Utah Consumer Privacy Act (effective - Dec 31, '23)
Yes
No
Yes
In cases of profiling/targeted advertising purposes
Yes
Yes
No
No
No
Virginia Consumer Data Protection Act (effective - Jan 1, '23)
Yes
Yes
Yes
In cases of profiling/targeted advertising purposes
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IAPP. (July 7, 2023). State laws on data privacy in the United States as of July 2023, by consumer rights covered [Graph]. In Statista. Retrieved November 03, 2024, from https://www.statista.com/statistics/1401856/privacy-state-laws-us-by-consumer-rights-covered/
IAPP. "State laws on data privacy in the United States as of July 2023, by consumer rights covered." Chart. July 7, 2023. Statista. Accessed November 03, 2024. https://www.statista.com/statistics/1401856/privacy-state-laws-us-by-consumer-rights-covered/
IAPP. (2023). State laws on data privacy in the United States as of July 2023, by consumer rights covered. Statista. Statista Inc.. Accessed: November 03, 2024. https://www.statista.com/statistics/1401856/privacy-state-laws-us-by-consumer-rights-covered/
IAPP. "State Laws on Data Privacy in The United States as of July 2023, by Consumer Rights Covered." Statista, Statista Inc., 7 Jul 2023, https://www.statista.com/statistics/1401856/privacy-state-laws-us-by-consumer-rights-covered/
IAPP, State laws on data privacy in the United States as of July 2023, by consumer rights covered Statista, https://www.statista.com/statistics/1401856/privacy-state-laws-us-by-consumer-rights-covered/ (last visited November 03, 2024)
State laws on data privacy in the United States as of July 2023, by consumer rights covered [Graph], IAPP, July 7, 2023. [Online]. Available: https://www.statista.com/statistics/1401856/privacy-state-laws-us-by-consumer-rights-covered/