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State BT Legislation

Much as it is with general federal privacy legislation, nature abhors a vacuum, and the states take up the "hot potato."

In the same realm as the last post, Massachusetts and several other states have legislation working their way through the current legislative session dealing with BT. The Massachusetts bill, H 313, heads for a hearing tomorrow before the Joint Committee on Consumer Protection and Professional Licensure.

H 313 is similar to behavioral advertising bills that have been introduced in New York(probably dead for the session) and Connecticut. It would establish a broad notice and consent regime for personally identifiable information and non-personally identifiable information that is used for behavioral advertising. Note that the Massachusetts legislation only applies to online behavioral advertising and would not apply to behavioral advertising campaigns that are conducted offline.

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Cynthia J. Larose

Member / Co-Chair, Privacy & Cybersecurity Practice

Cynthia J. Larose is Chair of the firm's Privacy & Cybersecurity Practice, a Certified Information Privacy Professional-US (CIPP-US), and a Certified Information Privacy Professional-Europe (CIPP-E). She works with clients in various industries to develop comprehensive information security programs on the front end, and provides timely counsel when it becomes necessary to respond to a data breach.