Comparison of US State Privacy Laws: Defining Covered and Sensitive Data

This paper examines how different state laws define personal information and “sensitive data” – foundational concepts that determine the scope of compliance obligations, regulatory triggers, and individual rights – as the landscape of U.S. privacy regulations continues to evolve in the absence of a federal privacy framework.

The paper specifically analyzes common approaches and key divergences across comprehensive state privacy laws, highlighting outliers such as California and Oregon, while comparing these frameworks with relevant federal sectoral laws.

Building on this comparative analysis, we offer policy recommendations for lawmakers and organizations alike, emphasizing the need for alignment in definitions, context-based sensitivity assessments, and risk-based obligations to foster both consumer trust and responsible innovation – particularly in the era of AI.

Comparison of US State Privacy Laws: Defining Covered and Sensitive Data

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