The failure of Congress to pass federal privacy legislation leaves states to fend for themselves to protect their citizens. State legislatures in California, Colorado, Virginia and now Connecticut, have had to carefully approach issues regulating digital commerce that crosses state lines. These states fill the void left by Congressional inaction.
In a unanimous vote this week (35-0 with 1 abstention), the Connecticut Senate voted to advance Senate Bill No. 6 to its House. The bill seeks to: (1) establish (A) a framework for controlling and processing personal data, and (B) responsibilities and privacy protection standards for data controllers and processors; and (2) grant consumers the right to (A) access, correct, delete and obtain a copy of personal data, and (B) opt-out of the processing of personal data for the purposes of (i) targeted advertising, (ii) certain sales of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.” Businesses that collect data online and have collected the data of 100,000 residents in the previous calendar year, as well as companies that monetize data that represent at least 25% of their sales income will be subject to this law. The Bill seeks to allow consumers to be aware of the type of personal data being tracked by internet carriers and processors, allow consumers to correct or delete the data, and allow consumers to opt-out of advertising. In addition, it would raise the opt-in age for data-sale eligibility from 13 to 16. The House will move right to floor consideration once the Bill is transmitted. The law will be effective July 1, 2023.
For more information about this Bill or assistance with reviewing data privacy and cybersecurity policies, please contact our Data Privacy & Cybersecurity Group, part of Leech Tishman’s Corporate Practice Group.
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