State-level privacy requirements are likely to expand in 2025 with lawmakers already preparing legislation that would affect a wide swath of industries, with a particular focus on health and children’s data.
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“The basic premise that we’re looking at is that, generally, there’s going to be less regulation and more push for innovation on the federal side, and so children, health care— all the sectoral privacy rights—are going to be picked up by the states,” Sharon R. Klein, partner at Blank Rome LLP, said.
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“From a business perspective, what we’re seeing both on the state side and the federal side is that the age of protection is now closer to 18 than 13,” Klein said.
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There may be an emerging split between blue and red states on health-care privacy enforcement with issues such as reproductive rights, Klein said. The oversight will also depend on varying state laws, such as biometric privacy requirements in Illinois or Colorado’s new protections for neural data privacy.
“If you are a health-care company, you really have to pay attention to your market because I do think that the standards on the protection of various slices of health-care data will be different,” Klein said.
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"Kids, Consumers Headline State Privacy Protection Trends in 2025," by Brenna Goth was published in Bloomberg Law on January 2, 2025.
