The Maryland Online Data Privacy Act (MODPA) is, as of April 1 of this year, now enforceable (subject to a potential cure opportunity until April 1, 2027). MODPA is amongst the strictest state consumer privacy laws (CPLs), and outright bans the sale of sensitive personal data, including precise geolocation data, as well as targeted advertising to under 18s. Beyond that, it has the strictest purpose limitation and data minimization provisions. We have compared MODPA to other CPLs here .
Privacy World’s Alan Friel elaborates on MODPA challenges in a recent article by The Capital Forum:
“[T]he act’s ‘biggest wildcard’ is how the state AG will interpret the law’s data minimization provisions, especially what constitutes ‘reasonably necessary and propionate‘ data collection in the context of digital advertising [in connection with a ‘requested’ online ‘product or service’]. Given that the law, like other state privacy laws, grants consumers the right to opt-out of the processing of personal data used for targeted advertising purposes … it would be inconsistent with that scheme to suggest that these activities are not reasonably necessary and proportionate to the use of web sites and mobile apps that rely on analytics, targeted advertising and other tracking technologies in the operation of their services. Informal industry discussions with AG personnel suggest that the state will align with that industry interpretation, …[b]ut the drafting is unique amongst privacy laws and ambiguous, so only time will tell.”
SPB offers tools and guidance to help companies manage the patchwork of US state privacy laws.
Disclaimer: While every effort has been made to ensure that the information contained in this article is accurate, neither its authors nor Squire Patton Boggs accepts responsibility for any errors or omissions. The content of this article is for general information only and is not intended to constitute or be relied upon as legal advice.
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