STATE DATA PRIVACY AND SECURITY LAWS
As noted above, there is no single comprehensive federal data privacy and security law, so a Minnesota business may need to become familiar not only with the relevant federal laws discussed above and the applicable Minnesota state laws, but also other state laws and even international laws that may apply. In some cases, the federal law may preempt the state laws and in other cases the state law may be even more restrictive than the federal law. While beyond the scope of this Guide, please note that many states have their own state “health records” or “medical records” laws. Health care providers are generally required to comply with these laws, in addition to HIPAA. With more and more data crossing the border and e-commerce creating global businesses out of Minnesota-based companies, the legal landscape is immense. States have passed laws related to wiretapping and electronic surveillance, use and disclosure of medical and genetic information, identity theft, use of social security numbers, and other laws governing the use of personal information. As of December 21, 2023 the following states have enacted comprehensive data privacy laws: • California Privacy Rights Act, effective January 1, 2023 • Virginia Consumer Data Protection Act, effective January 1, 2023 • Colorado Privacy Act, effective July 1, 2023 • Connecticut Data Privacy Act, effective July 1, 2023
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