BIGtoken’s Weekly Data Privacy Roundup

Data privacy legislation made headlines as Florida initiated the process of enacting its own data privacy law and Virginia’s Consumer Data Protection Act (CDPA) passed on Tuesday. Shortly after, the Oklahoma House passed its data privacy bill on Thursday.

Florida Data Privacy Bill,” National Law Review – March 2, 2021

  • The Florida House Bill 969 would establish great consumers’ rights for Florida citizens. If passed, covered businesses will be required to share data collection and selling practices with their consumers.

Virginia governor signs comprehensive data privacy law,” The Hill – March 3, 2021

  • On Tuesday, governor Ralph Northam signed the CDPA making Virginia the second state in the U.S. to pass a comprehensive data privacy law. The law will go into effect in January 2023.

Oklahoma House passes data privacy bill,” Tulsa World – March 5, 2021

  • On Thursday, the Oklahoma House of Representatives passed the data privacy legislation. The bill includes an “opt-in” provision, which would require social media and telecommunications companies to obtain explicit agreement from consumers before collecting their personal information.

Although Facebook’s $650 million biometric data privacy suit settlement was granted approval, the tech giant is seeking arbitration for Instagram by arguing they had filed to compel arbitration in its biometric privacy suit. 

After final approval in $650M biometric data privacy suit, Facebook seeks arbitration for Instagram,” BusinessToday – March 1, 2021

  • On Monday, Judge James Donato approved the $650 million settlement, giving each claimant a $345 award. The new agreement also includes the face recognition feature as an opt-in option, rather than opt-out choice, and includes the deletion of some stored face biometric templates. This is considered a “major win for consumers.” However, Facebook is seeking arbitration for Instagram, claiming that users in Illinois had to agree to the app’s terms of service three different times that all included arbitration agreements.