Washington & Florida Privacy Bills Die on the Vine This Week

This week, two key developments dramatically affecting the state privacy legislative landscape in 2021. As discussed previously, both Washington and Florida have considered comprehensive privacy bills. Still, the proposals in both states ended up dead on the vine as their legislative sessions concluded this week. We have provided a quick outline of these critical developments below:


Washington

  • On Sunday, April 25, the state’s House of Representatives could not revive the Washington Privacy Act (SB 5062) for final passage. Senator Reuven Carlyle introduced the bill, and in its original form, passed out of the Senate by a 48-1 vote and maintained strong support from the business community.
  • However, the bill suffered the same fate this year as it has the previous two and ultimately failed to pass out of the House due to contentious amendments that would create a private right of action for consumers, among others.
  • RILA fully expects the Washington Privacy Act to be introduced again next year and understands that the Senate may be open to the inclusion of a private right of action.

Florida

  • Earlier today, the state’s House of Representatives ultimately failed to pass the Florida Privacy Protection Act (HB 969). The bill initially sailed through committee stops with bipartisan support but was slowed in recent weeks as the House and Senate took different versions and could not reconcile differences over the inclusion of a private right of action.
  • RILA is alarmed by the recent trend of traditionally business-friendly red states introducing comprehensive privacy bills that include a private right of action, so will continue to work with state retail associations to limit this exposure. 
  • RILA expects that a similar version of the Florida Privacy Protection Act will be introduced again next year in the state of Florida.
While the news from Washington and Florida may be a relief for the business community, RILA continues to track comprehensive privacy legislation moving in numerous other states, including Colorado, Connecticut, New York, New Jersey, and Texas.

If you have any questions, please contact Brennan Duckett, director of government affairs.
 
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  • Privacy
  • Public Policy
  • State Affairs
  • Supporting Free Markets and Fostering Innovation

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