U.S. Data Privacy Overview
U.S. Data Privacy refers to the growing body of state-level privacy laws that regulate how organizations collect, use, store, and share personal information.
Unlike the European Union’s GDPR, there is no single federal privacy law in the United States. Instead, several states have passed their own comprehensive data privacy legislation, including California (CCPA/CPRA), Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), and Utah (UCPA).
These laws share a common goal of protecting consumer rights and increasing organizational accountability for data handling practices.
Purpose of U.S. Data Privacy Laws
State privacy laws are designed to safeguard individuals’ personal data by ensuring that companies are transparent about their collection and use of personal information.
They also provide consumers with enforceable rights to access, correct, delete, and control how their data is shared.
The laws aim to:
Strengthen consumer control over personal data.
Increase transparency in data processing practices.
Establish consistent security and data protection standards.
Encourage responsible use of personal information by businesses.
Scope and Applicability
Each state privacy law defines its own applicability thresholds, but most apply to businesses that:
Operate within the state or target its residents.
Process or control personal data for a defined number of consumers (for example, 100,000 or more).
Derive a certain percentage of revenue from the sale or sharing of personal data.
Covered information typically includes any data that identifies or could be linked to an individual, such as names, email addresses, online identifiers, and geolocation data. Publicly available information is generally excluded.
What the Laws Cover
Although each state’s law has unique requirements, most include the following core obligations:
Consumer Rights: Individuals have the right to access, correct, delete, and receive a copy of their personal data.
Transparency: Businesses must provide clear and accessible privacy notices that describe data practices and retention policies.
Data Security: Reasonable administrative, technical, and physical safeguards must be in place to protect personal information.
Opt-Out Mechanisms: Consumers must be given the option to decline data processing for targeted advertising or data sales.
Data Protection Assessments: Businesses engaged in high-risk data processing must evaluate potential impacts on privacy.
Vendor and Contract Management: Written agreements with third-party processors must ensure that personal data is used only for approved purposes.
Enforcement and Penalties
Enforcement authority typically resides with the state attorney general or a designated privacy regulator.
Violations may result in financial penalties, mandatory corrective actions, and public enforcement orders. Some state laws, such as California’s, also grant individuals limited rights to bring private legal actions in cases of data breaches.
Implementation and Continuous Compliance
Compliance with U.S. data privacy laws requires an ongoing and adaptive approach.
Organizations should:
Develop a unified privacy management program that addresses multiple state laws.
Maintain a centralized system for processing and responding to consumer rights requests.
Conduct privacy impact assessments for new technologies or data uses.
Keep privacy notices and consent forms up to date.
Train employees on privacy responsibilities and incident response procedures.
Periodically review vendor contracts and data flows for compliance alignment.
Regular audits and reviews help ensure that evolving regulations are identified and integrated into company practices.
U.S. Data Privacy in DSALTA
DSALTA helps organizations manage their U.S. Data Privacy compliance obligations within a single, centralized environment.
Using DSALTA, teams can:
Map privacy requirements from state laws such as CPRA, VCDPA, and CPA to internal policies and controls.
Track Data Protection Assessments and related evidence.
Manage consumer rights requests and monitor response timelines.
Maintain audit-ready documentation for regulator or internal review.
While DSALTA streamlines operational compliance, organizations should work with privacy counsel to ensure that their data handling and disclosure practices meet the specific requirements of each state’s privacy law.