Comparing U.S. state privacy laws: Sensitive Data

Julie Rubash, Chief Privacy Counsel
September 18, 2023

Updated September 18 2023

CaliforniaVirginiaColoradoUtah, Connecticut, Iowa, Indiana, Montana, Tennessee, Texas, Oregon, Florida, and Delaware have each passed their own comprehensive privacy laws. But with each new law, it gets more difficult to keep track of the differences.

From scope, to notice requirements, to respect for universal opt-out mechanisms, your organization may be wondering how to develop your state-by-state or national approach to US privacy.

Sensitive data poses a particular challenge because each law determines its own definitions of what is sensitive, and the additional obligations associated with processing that information.

Plus, some states require explicit opt-in consent before it can be processed, while others only require that consumers are presented with an opportunity to opt-out.

Other states address categories like children’s data or biometric data outside the context of sensitive data entirely.

Washington and Nevada have laws specifically governing health data privacy, but not comprehensive privacy laws.

Access our comparison chart to understand key differences in how sensitive data is being defined in U.S. state laws today.

Keep up with the latest privacy news

Sign up for our privacy newsletter, A Little Privacy, Please.

Presented by Sourcepoint’s Chief Privacy Counsel, Julie Rubash.

Never miss a beat and subscribe to our weekly recap of the biggest privacy headlines impacting the digital advertising ecosystem, right in your inbox.


Want to learn about how Sourcepoint can help you meet the changing regulatory landscape? Discover the Dialogue CMP, the industry’s leading consent management solution.

Schedule a demo today

Latest Blog Posts

FTC warns tax prep companies against using trackers without consent

September 25, 2023

The Federal Trade Commission sent warning letters to five...

Delaware governor signs comprehensive privacy law

September 18, 2023

Delaware HB 154, implementing the Delaware Personal Data Privacy Act,...

Comparing U.S. state privacy laws: Sensitive Data

September 18, 2023

How do different U.S. state laws define and protect...

Latest White Papers

Benchmark Report: US Privacy Compliance

August 19, 2022

The current state of publisher compliance with CCPA, and...

Ebook: A Publisher’s Guide to Vendor List Curation

December 16, 2021

How to review your vendor list to mitigate compliance...

Keep in touch

Sign up for our newsletter to keep up with privacy news for adtech and martech,
plus occasional company news.

© Sourcepoint 2023. All Rights Reserved

Let's explore what we can do together.

We'll be in touch within 48 hours

[contact-form-7 id="593" title="Schedule a Demo"]