The privacy of consumer data, granting rule-making authority, and providing a penalty. (FE)

Under the bill, a consumer may request a business to disclose certain information if the business collects personal information about the consumer, including the following: 1) the categories of personal information about the consumer collected by the business in the past twelve months; 2) the categories of sources from which the business collected personal information about the consumer in the past twelve months; 3) the purposes for collecting the personal information about the consumer; 4) if the business has sold the consumer's personal information in the past twelve months, the purpose for selling the personal information; and 5) the specific pieces of personal information about the consumer that the business collected in the past twelve months. In addition, the business must deliver this information within 45 days or within 90 days if the longer duration is reasonably necessary and the business notifies the consumer about the delay within 45 days.

The business must disclose the information in a portable and readily useable format.

A consumer may request this information twice in a twelve-month period.

A consumer may request a business that sells the consumer's personal information to disclose certain information, including the categories of personal information collected about the consumer in the past twelve months, the categories of personal information about the consumer that the business sold in the past twelve months, and the categories of personal information about the consumer sold to each third party in the past twelve months. The business must disclose the information in a portable and readily useable format and within 45 days or within 90 days if the longer duration is reasonably necessary.

The bill also requires a business, before collecting a consumer's personal information, to inform the consumer about the categories of personal information that the business will collect and the purpose for which the business will use the personal information collected. Under the bill, in order for a business to sell a consumer's personal information, certain requirements apply, including the following: 1) if the business has an Internet site, it must provide a link titled “Do Not Sell My Personal Information” that enables consumers to object to the selling of the consumer's personal information; 2) if the business has an online privacy policy, the business must include the link described above in that policy; 3) a business may not sell the personal information if a consumer is 16 or older and the consumer directs the business not to sell the consumer's personal information; 4) a business may sell the personal information of a consumer aged 13 to 16 only if the consumer affirmatively authorizes selling the personal information; 5) a business may sell the personal information of a consumer under the age of 13 only if the consumer's parent or guardian affirmatively authorizes it; and 6) a third party must notify a consumer before selling the consumer's personal information. A business must also implement reasonable security procedures to protect the personal information of consumers.

The bill also requires that if a consumer requests that a business delete the personal information that the business has collected about the consumer, the business must delete that personal information. The bill provides certain exceptions to that requirement, including the cases in which it is necessary for the business to maintain the personal information to do any of the following: 1) complete a transaction or contract with a consumer; 2) detect security incidents; 3) identify errors; 4) exercise free speech or ensure the right of another consumer to exercise free speech; 5) comply with a legal obligation; or 6) otherwise use the personal information internally in a lawful manner.

The bill provides that a business may not discriminate against a consumer because the consumer requests information about the business's collection or sale of personal information, requests the business not to sell the consumer's personal information, or requests that the business delete the consumer's personal information. Under the bill, a business is allowed to charge a consumer a different price or provide a different level of services if the difference is reasonably related to the value provided to the consumer by the consumer's personal data, and a business may offer financial incentives to a consumer for collecting the consumer's personal information, subject to certain requirements described in the bill.

The bill requires the Department of Justice to promulgate various rules to implement the bill's requirements. The bill also authorizes businesses to request advice from the attorney general on how to comply with the bill's requirements and requires the attorney general to respond to those requests.

Additionally, a provision in a contract is void and unenforceable if it would waive or limit one or more of the bill's requirements. The bill also provides a consumer with a private cause of action against a business if the business does not implement reasonable security procedures to protect the consumer's personal information and the personal information is subject to unauthorized access. A business, service provider, or person that violates the bill is subject to a forfeiture of up to $2,500 for each violation and a forfeiture of up to $7,500 for each intentional violation.