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ARTICLE · 28 MAY 2024

Maryland Lands On Novel Data Privacy Scheme

Bass, Berry & Sims PLC
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On May 9, Maryland Governor Wes Moore's signing of the Maryland Online Data Privacy Act (MODPA) made Maryland the eighteenth state to enact comprehensive...

United StatesPrivacy
Alexandria Wood Davenport
Alexandria Wood Davenport
Chase Van Patten
Chase Van Patten
Roy Wyman
Roy Wyman

On May 9, Maryland Governor Wes Moore's signing of the Maryland Online Data Privacy Act (MODPA) made Maryland the eighteenth state to enact comprehensive data privacy legislation. MODPA does not closely track any existing data privacy laws but pulls concepts from the draft Washington Privacy Act (WPA) (which has yet to pass the legislature), Washington's My Health My Data Law (MHMD), and Connecticut's consumer health privacy law, while also attempting several novel approaches.

MODPA's original approach to data privacy, which includes potentially ambiguous language, will likely require additional compliance analysis for businesses using sensitive data, such as consumer health data in Maryland. MODPA takes effect October 1, 2025, but only has effect on and applies to data processing activities after April 1, 2026.

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