Cybersecurity Policy Report, Consumer Data Privacy Bill on Agenda in Pennsylvania, (Jun 25, 2024)
The Pennsylvania state Senate Committee on Communications and Technology holds a hearing tomorrow on the proposed Consumer Data Privacy Act, which seeks to give consumers rights regarding how their personal data is used or sold and to require businesses to protect consumer privacy and limit consumer data collection.
HB 1201 would allow consumers to opt out of the processing of their personal data for the purpose of targeted advertising or the sale of their personal data, in addition to giving consumers the right to correct their personal data and request that their data be deleted.
The legislation also would impose several duties and responsibilities on controllers, including, but not limited to, “limiting the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which the data is processed and refraining from processing personal data for purposes that are neither reasonably necessary to, nor compatible with, the disclosed purposes for which the personal data is processed unless otherwise provided for by the legislation.”
The legislation further would establish provisions relating to contracts between controllers and data processors and guidelines for determining which individuals are acting as a controller versus a data processor.
The state attorney general would have the exclusive authority to enforce the law.
The bill has an effective date of July 1. During the period beginning July 1 and ending Dec. 31, 2025, the attorney general must, prior to initiating an action for a violation of a provision of this act, issue a notice of violation to the controller or processor to determine if a cure is possible. The alleged violator would then have 60 days to cure the potential violation and avoid a penalty.
The bill (H.B. 1201, Reg. Sess) is sponsored by Rep. Ed Neilson (D.) and Rep. Stephenie Scialabba (R.).
News: DataPrivacy StateLegislation