Privacy laws vary from state to state within the United States of America. Several states have recently passed new legislation that adapt to changes in cyber security laws, medical privacy laws, and other privacy related laws. State laws are typically extensions of existing United States federal laws, expanding them or changing the implementation of the law.

History

Historically, state laws on privacy date back before the founding of the United States and most authorities left protection of personal information to the individual. However, after the creation of a national economy as a result of the Civil War, governmental agencies were created to recommend stronger privacy protections. This led to the creation of

de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...

privacy commissioners, such as the Federal Trade Commission (FTC) and the

State Attorney General The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney gener ...

. The FTC was created in 1914 to protect individuals from harmful trade practices, and in 1995 the FTC began to study and analyze privacy issues in electronic commerce and began to place and enforce regulations. Most state legislation on privacy are expansions of federal laws. The Uniform Law Commission has proposed a model bill – th
Uniform Personal Data Protection Act (“UPDPA”)
which “provides a reasonable level of consumer protection without incurring the compliance and regulatory costs associated with some existing state regimes.”

Types of privacy legislation

There are several different types of privacy legislation currently in place. State laws vary between these niche privacy spheres. Each type of legislation tries to protect a certain area of privacy. Types of legislation include: * Medical Privacy * Data Privacy * Financial Privacy

Medical privacy Medical privacy or health privacy is the practice of maintaining the security and confidentiality of patient records. It involves both the conversational discretion of health care providers and the security of medical records. The terms can also ...

Laws on biobanks

One major aspect of medical privacy is laws placed on biobanks. A

biobank A biobank is a type of biorepository that stores biological samples (usually human) for use in research. Biobanks have become an important resource in medical research, supporting many types of contemporary research like genomics and personalize ...

is a collection source that stores and manages human specimens. Major federal laws that apply to biobanks are regulations by the

Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a List of United States federal agencies, federal agency of the United States Department of Health and Human Services, Department of Health and Human Services. The FDA is respon ...

and

Common Rule The Common Rule is a 1981 rule of ethics in the United States regarding biomedical and behavioral research involving human subjects. A significant revision became effective July 2018. It governed Institutional Review Boards for oversight of huma ...

. The Common Rule is a guideline for in the United States on research involving human subjects. Other major federals laws that govern biobanks include: The Privacy Act of 1974,

Health Insurance Portability and Accountability Act The Health Insurance Portability and Accountability Act of 1996 (HIPAA or the Kennedy– Kassebaum Act) is a United States Act of Congress enacted by the 104th United States Congress and signed into law by President Bill Clinton on August 21, 1 ...

(HIPAA),

Genetic Information Nondiscrimination Act The Genetic Information Nondiscrimination Act of 2008 (, GINA ), is an Act of Congress in the United States designed to prohibit some types of genetic discrimination. The act bars the use of genetic information in health insurance and employment ...

(GINA), Health Information Technology for Economic and Clinical Health (HITECH) Act, and Newborn Screening Saves Lives Reauthorization Act of 2014. State legislation on privacy tends to follow the same patterns and orders as federal laws in these matters. But in some cases state laws can be more detailed and stringent, while being in ordinance to the federal laws in place. With focus to biobanks, state laws can restrict a laboratory's ability to reject a customer and can regulate what happened with data after a test. Certain states have privacy laws that deal with genetic-specific information. Genetic-specific information relates to information what information like DNA that can be used to find details about individuals. Information that can be collected includes race and gender. State can place legislation that let individuals have control over the tests conducted on their genes and regulate how long data is stored in biobanks. State laws can also control who has control, the individual from whom they were collected or the pharmaceutical companies.

Digital privacy Digital privacy is often used in contexts that promote advocacy on behalf of individual and consumer privacy rights in e-services and is typically used in opposition to the business practices of many e-marketers, businesses, and companies to coll ...
laws

Corporate data security laws

An important aspect of digital privacy laws is cyber security, which encompasses corporate data security. At the national level, the Federal Trade Commission (FTC) is in charge of data security regulation. With relation to cyber security, the FTC makes sure that companies have security application in place and that companies are not misrepresenting their level of digital security. Several aspects of the FTC regulations are outdated and are loosely connected to data security though section 5. Section 5 of the FTC fines companies for having substandard security measures, neglecting the security of consumer data, and failing to train employees on data security. Additional federal laws on this topic include: the Cybersecurity Act of 2015, the Electronics Communications Privacy Act,

Computer Fraud and Abuse Act The Computer Fraud and Abuse Act of 1986 (CFAA) is a United States cybersecurity bill that was enacted in 1986 as an amendment to existing computer fraud law (), which had been included in the Comprehensive Crime Control Act of 1984. The law pro ...

and the Economic Espionage Act.

Financial privacy Banking secrecy, alternately known as financial privacy, banking discretion, or bank safety,Guex (2000), p. 240 is a conditional agreement between a bank and its clients that all foregoing activities remain secure, confidential, and private. Mos ...
laws

Financial Privacy laws regulate how companies, specifically those with a focus in finance, handle financial consumer information. Federal laws that regulate this include, Gramm-Leach-Bliley Act,

Fair Credit Reporting Act The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 ''et seq'', is U.S. Federal Government legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. It ...

Fair and Accurate Credit Transactions Act The Fair and Accurate Credit Transactions Act of 2003 (FACT Act or FACTA, ) is a United States federal law, passed by the United States Congress on November 22, 2003, and signed by President George W. Bush on December 4, 2003, as an amendment to ...

, Credit and Debit Card Receipt Clarification Act,

Bank Secrecy Act The Bank Secrecy Act of 1970 (BSA), also known as the Currency and Foreign Transactions Reporting Act, is a U.S. law requiring financial institutions in the United States to assist U.S. government agencies in detecting and preventing money laun ...

Fair Debt Collection Practices Act The Fair Debt Collection Practices Act (FDCPA), Pub. L. 95-109; 91 Stat. 874, codified as –1692p, approved on September 20, 1977 (and as subsequently amended) is a consumer protection amendment, establishing legal protection from abusive deb ...

Electronic Funds Transfer Act The Electronic Fund Transfer Act was passed by the U.S. Congress in 1978 and signed by President Jimmy Carter, to establish the rights and liabilities of consumers as well as the responsibilities of all participants in electronic funds transfer a ...

, and the Dodd-Frank Wall Street Reform and Consumer Protection Act. All of these acts make changes at the national level.

States

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

References

{{Portal bar, United States, Law United States tort law Privacy in the United States