Evolution of the need for Explicit Consent in the USA

Evolution over the past 12 months in the USA

Over the past 12 months in the USA, the need for explicit consent in data protection has been significantly influenced by the enactment and updates of state-specific privacy laws, reflecting a growing emphasis on consumer rights and corporate responsibilities.

Several states have taken notable steps to enhance consumer privacy through legislation that requires more transparent and affirmative consent practices. For instance, states like Virginia, Colorado, and California have implemented laws that not only demand explicit consent for certain types of data processing, especially sensitive data, but also bolster the rights of consumers to control the use of their information through opt-out provisions for activities like profiling and targeted advertising​​​​​​.

California’s CPRA, effective from January 2023, has continued to refine the landscape set by its predecessor, the CCPA, by increasing penalties for non-compliance, especially concerning minors, and by introducing more stringent requirements for the handling of sensitive personal information. This law also established a new enforcement body, the California Privacy Protection Agency, which signifies a robust approach to enforcing data protection laws​​.

Virginia’s CDPA and Colorado’s CPA have also been instrumental in the past year by setting standards that require explicit consent for the processing of sensitive data and for secondary uses of personal data. These laws highlight a shift towards more stringent consent mechanisms akin to those required under the GDPR, indicating an alignment with global data protection standards​​​​.

These legislative actions reflect a broader trend across the US towards increasing the autonomy of consumers over their personal data and introducing stricter penalties for violations. This evolution underscores the critical role of explicit consent as a foundation of trust and accountability in the digital age. – (ChatGPT)

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