iMost modern U.S. data privacy statutes require companies to allow data subjects to opt out of having their personal information (PI) used for targeted advertising. As the following chart indicates, the term “targeted advertising” is defined consistently between and among most state statutes with the notable exception of the California Consumer Privacy Act (CCPA) and its successor, the California Privacy Rights Act (CPRA). Unlike the other state privacy statutes, the CPRA’s definition of “cross-context behavioral advertising” (CCBA) (the term relating to “targeted advertising” that is used within the CPRA) does not expressly state that such activity must be based upon the observation of a consumer’s activities “over time,” or that it must involve predictions about the consumer’s preferences or interests. It does, however, clarify that CCBA means “the targeting of advertising to a consumer based on the consumer’s [PI] obtained from the consumer’s activity across businesses, distinctly-branded websites, applications, or services, other than the business, distinctly-branded website, application, or service with which the consumer intentionally interacts.” The California Privacy Protection Agency (CPPA) or California courts may ultimately align the CPRA’s definition with that used in other states’ statutes by finding that both elements are implied.
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[1] Cal. Civ. Code 1798.140(k) (West 2021) (relates to definition of cross-context behavioral advertising).
[2] Va. Code 59.1-571 (2022).
[3] C.R.S. 6-1-1303(24)(a) (2022).
[4] Utah Code Ann. 13-61-101(34)(a) (2022).
[5] Connecticut Substitute Bill No. 6, § 1(28) (2022) (pending governor approval).
[6] Montana S.B. 384 at § 2(25)(a).
[7] Iowa S.F. 262 at Section 1(28) (2023).
[8] Tennessee Amd. No. 1 to H.B. 1181 at § 47-18-3201(28) (2023).
[9] Indiana Senate Enrolled Act. No. 5, at IC 24-15 Chp. 2 § 1(30)(a) (2023).
[10] Va. Code 59.1-571 (2022).
[11] C.R.S. 6-1-1303(24)(a) (2022).
[12] Utah Code Ann. 13-61-101(34)(a) (2022).
[13] Connecticut Substitute Bill No. 6, § 1(28) (2022) (pending governor approval).
[14] Montana S.B. 384 at § 2(25)(a).
[15] Iowa S.F. 262 at Section 1(28) (2023).
[16] Tennessee Amd. No. 1 to H.B. 1181 at § 47-18-3201(28) (2023).
[17] Indiana Senate Enrolled Act. No. 5, at IC 24-15 Chp. 2 § 1(30)(a) (2023).
[18] Cal. Civ. Code 1798.140(k) (West 2021) (relates to definition of cross-context behavioral advertising).
[19] Va. Code 59.1-571 (2022).
[20] C.R.S. 6-1-1303(24)(a) (2022).
[21] Utah Code Ann. 13-61-101(34)(a) (2022).
[22] Connecticut Substitute Bill No. 6, § 1(28) (2022) (pending governor approval).
[23] Montana S.B. 384 at § 2(25)(a).
[24] Iowa S.F. 262 at Section 1(28) (2023).
[25] Tennessee Amd. No. 1 to H.B. 1181 at § 47-18-3201(28) (2023).
[26] Indiana Senate Enrolled Act. No. 5, at IC 24-15 Chp. 2 § 1(30)(a) (2023).
[27] Va. Code 59.1-571 (2022).
[28] C.R.S. 6-1-1303(24)(a) (2022).
[29] Utah Code Ann. 13-61-101(34)(a) (2022).
[30] Connecticut Substitute Bill No. 6, § 1(28) (2022) (pending governor approval).
[31] Montana S.B. 384 at § 2(25)(a).
[32] Iowa S.F. 262 at Section 1(28) (2023).
[33] Tennessee Amd. No. 1 to H.B. 1181 at § 47-18-3201(28) (2023).
[34] Indiana Senate Enrolled Act. No. 5, at IC 24-15 Chp. 2 § 1(30)(a) (2023).
