Residents of five states will ring in the new year with the best gift of all: new privacy rights.
Next January will see consumer data privacy laws enacted by state lawmakers in 2023 and 2024 go into effect in Delaware, Iowa, Nebraska, New Hampshire and New Jersey. The number of states with active privacy laws will reach 13.
New laws govern how businesses of certain sizes operate– The size varies by state – It handles sensitive consumer information and gives residents of those states different rights to know, correct, and delete what data companies hold about them. Here are some of the key provisions in the new set of laws:
Delaware
Originally passed in 2023, the law applies to people and organizations that, during the preceding calendar year, processed the personal information of 35,000 Delaware residents or processed the personal information of 10,000 Delaware residents and generated more than 20 percent of their gross revenue from the sale. of personal information.
Unlike many other state privacy laws, it applies to nonprofit organizations and for-profit companies.
It gives residents the right to know what personal information the organization holds about them, to obtain a copy of that information, to correct it, and to choose not to have that information used for targeted advertising, sold to a third party, or used to make automated decisions. With major legal ramifications.
The law comes into effect on January 1.
yeah
Iowa’s law also passed in 2023, applies to businesses that processed the personal information of at least 100,000 residents or that processed information for 25,000 residents and generated more than half of their gross revenue from the sale of that data.
It is a narrower, more business-friendly law than many other state laws that have taken effect.
While consumers are given the right to access and delete information that a company holds about them and to opt out of its sale to a third party, they are not permitted to correct that information, opt out of its use for targeted advertising, or opt out of it being used to make automated decisions about them.
The law comes into effect on January 1.
nebraska
The state’s data privacy law does not include a specific limit on revenue or number of customers. This applies to any business that is not a small business, as defined in the federal Small Business Act (and also applies to small businesses that sell sensitive data without first obtaining consumer consent).
It gives consumers the right to access, correct, and delete personal information held by companies and to opt out of having that data used for targeted advertising, sold to third parties, or used in certain automated decision-making systems.
The law comes into effect on January 1.
New Hampshire
The law applies to companies that process personal information for 35,000 Granite States or that process personal information for 10,000 Granite States and derive 25 percent of their gross revenue from the sale of that information.
It gives residents the right to access, correct, and delete personal data held by eligible companies and to opt out of that data being used for targeted advertising, sold to third parties, or used in certain automated decision-making systems.
The law comes into effect on January 1.
New Jersey
The law applies to companies that process the personal information of at least 100,000 residents (unless such processing is solely for the purpose of completing payments) or companies that process the personal information of 25,000 residents and profit from the sale or sale of such information.
Like many of the previously mentioned laws, it gives consumers the rights to access, correct, and delete personal information and the rights to opt out of that data being used for targeted advertising, sold to third parties, or used in certain automated decision-making systems.
However, it will also allow consumers to indicate their wish to opt out of those uses through what is known as a global opt-out mechanism. Although not defined in the text of the law, a universal opt-out mechanism could serve as a browser extension that informs each website a user visits of its privacy choices, rather than the user needing to communicate those choices to each individual company.
The law goes into effect on January 15.
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