The State Privacy Law Landscape: Predictions and Outlook for 2023

By: Evan Enzer

State privacy legislation won’t slow down in 2023. Let’s look at what’s ahead in several states.

New York looks to be taking privacy seriously in its next legislative session. The New York Privacy Act’s (NYPA’s) senate sponsor amended the bill to convert its opt-in framework to an opt-out system in most circumstances. Lawmakers are exploring how to reconcile the new version with the previous and are contemplating whether the NYPA can be harmonized with amendments from competing privacy proposals.

Outside the NYPA, advocates are proposing a package of anti-surveillance bills. The package will consist of new legislation and bills that received traction last session. Finally, New York is considering a child online safety bill similar to the Kids Online Safety Act and California’s Age-Appropriate Design Code Act. As with other online safety bills, reaction to the New York proposal has been similarly controversial.

2022 saw a major push for children’s online safety and privacy legislation. Children focused bills stalled in West Virginia and Washington last year. Similarly, Pennsylvania considered a student data protection bill. In addition to New York, other states are likely to put forward child privacy and safety legislation in 2023.

Moving away from New York to neighboring Massachusetts, locals are coordinating a comprehensive privacy bill after the state legislature shelved the Massachusetts Information Privacy and Security Act. 

Further south, Maryland and Florida have been considering privacy legislation for several years. Maryland amended its Personal Information Protection Act in spring 2022, but that doesn’t mean the state is stopping anytime soon. Maryland is likely to continue working on biometric identification restrictions and consumer privacy in 2023. But IAPP member David Strauss reports that Florida is unlikely to move comprehensive legislation in 2023 due to leadership changes. This may come as a surprise after the state House passed a consumer privacy bill in 2022 and the governor enacted a law to regulate social media content moderation.