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John Pavolotsky practices in Stoel Rives’ Technology & Intellectual Property group, where he focuses on data privacy and security matters and complex technology transactions.

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2023 has seen a flurry of general state privacy laws, with twelve (12) such laws now on the books.  The next one to “go live,” on December 31, 2023, is the Utah Consumer Privacy Act (UCPA).  With no general federal privacy law in sight, the state privacy landscape continues to get more crowded and challenging

As consumer demand for new artificial intelligence (“AI”) tools continues to grow, businesses must be prepared to build tools with “privacy by design” principles in mind, and to remain educated about privacy best practices and risk mitigation strategies when working with AI. The following areas provide the greatest opportunities to manage data privacy risks and

Earlier this month, the Oregon state legislature introduced Senate Bill (SB) 619, “relating to protections for the personal data of consumers.”  The bill has since been referred to the Senate Committee on Judiciary and the Joint Committee on Ways and Means.  Of course, Oregon would not be the first state to enact general, or omnibus, privacy legislation; to date, five states (California, Virginia, Colorado, Connecticut, and Utah) have done so, with the first two operative as of today.  Likewise, Oregon is not the only state to introduce new omnibus privacy legislation this month.  The introduction of this bill (and other general state privacy legislation) remains significant because the prospect for omnibus federal privacy legislation (in the near term) fizzled out when the 117th Congress adjourned.   

No bill exists in a vacuum.  Structurally, SB 619 generally follows the Virginia Consumer Data Protection Act (VCDPA), as do the laws enacted by Colorado, Connecticut, and Utah. 

SB 619 is only 17 pages long, not as slim as the VCDPA (8 pages), but not as bulky as the California Consumer Privacy Act (59 pages).  Unlike the CCPA, SB 619 does not reference any implementing regulations; however, implementing regulations could be added.

As with any omnibus state privacy bill, the proposed legislation raises some key questions:Continue Reading A New Consumer Data Protection Bill in Oregon: A Summary of SB 619

It’s a great time to be a privacy attorney.  On October 17, 2022, the California Privacy Protection Agency (CPPA) released the next draft of the regulations under the California Privacy Rights Act of 2020 (CPRA) as well as a document explaining the proposed modifications.  Two days of public hearings were recently held on October 21-22