Cybersecurity Policy Report, Data Privacy Bill Advances in Vermont, (May 9, 2024)

The Vermont state Senate voted yesterday to pass a bill that would give consumers certain rights regarding the collection of their personal information.

According to HB 121, on or after July 1, a data collector or broker that processes data for the purposes of targeted advertising, predictive analytics, tracking, or the sale of personal information must allow consumers to exercise the right to opt out of the processing of personal information concerning the consumer “through a user-selected universal opt-out mechanism that meets the technical specifications established by the attorney general.”

A consumer could also request that a data broker stop collecting the consumer’s data; delete all data in its possession about the consumer; or stop selling the consumer’s data. Consumers would also be able to request that all data brokers registered with the state honor an opt-out request by filing the request with the secretary of state.

The bill would direct the secretary of state to develop an online form to facilitate the general opt-out by a consumer and maintain a “data broker opt-out list” of consumers who have requested a general opt-out. The bill specifies that data contained in the data broker opt-out list should not be used for any purpose other than to effectuate a consumer’s opt-out request.

According to the bill, the attorney general would have the “sole and full authority to investigate potential violations of this subchapter and to enforce, prosecute, obtain, and impose remedies for a violation of this subchapter or any rules or regulations made pursuant to this chapter.”

The bill (H.B. 121, Gen. Sess. (Vt. 2024)) is sponsored by Reps. Michael Marcotte (R.) and Jim Carroll (D.).

News: StateLegislation DataPrivacy