A version of the following public comment was submitted to the Virginia House Consumer Protection and Professional Licensure Committee on February 4, 2026.
Pennsylvania House Bill 78 (HB 78) would implement a data privacy framework that is similar (with a few exceptions, discussed below) to the one now in place in 20 states. Research shows that once firms implement privacy compliance systems, the marginal cost of adhering to an additional, substantively similar state law is low. Similarly, because Pennsylvania’s bill has minimal distinctive features, it is unlikely to impose additional friction nationally.
However, as written, compared to other states, HB 78 widens the net of covered entities, meaning more businesses must comply, including smaller Pennsylvania startups. HB 78 would apply to firms with over $10 million in annual revenue and 50,000 customers, as opposed to thresholds of $25 million in annual revenue and 100,000 customers common in other states.
We recommend that legislators amend HB 78 to raise the applicability thresholds to match the upper threshold common in other states. This adjustment would maintain consumer protections, exempt some small or medium-sized firms from costly compliance, and harmonize Pennsylvania’s regulations with those in other states.