SB 1815

REFERENCE TITLE: personal data; consumers; controllers; requirements
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1815
Introduced by
Senator
  Kuby
AN
ACT
amending title 44, chapter 9, arizona
revised statutes, by adding article 27; relating to consumer data.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 9, Arizona Revised
Statutes, is amended by adding article 27, to read:
ARTICLE 27. consumer DATA
START_STATUTE44-1383. Definitions
In this article, unless the context otherwise
requires:
1. "Affiliate" means a
legal entity that controls, is controlled by or is under common control with
another legal entity or that shares common branding with another legal entity.�
For the purposes of this paragraph, "control" or
"controlled" includes any of the following:
(a) The
ownership of, or power to vote, more than fifty percent of the outstanding
shares of any class of voting security of a company.
(b) The control
in any manner over the election of a majority of the directors or of an
individual who exercises a similar function.
(c) The power
to exercise controlling influence over the management of a company.
2. "Artificial intelligence
system":
(a) Means any
machine-based system that, for any explicit or implicit objective, infers
from the inputs the system receives how to generate outputs.
(b) Includes
content, decisions, predictions or recommendations that can influence PHYSICAL
or virtual environments.
3. "Authenticate" means to
verify through reasonable means that the consumer who is authorized to file a
consumer request under section 44-1383.01 is the same consumer with
respect to the personal data.�
4. "Biometric data":
(a) Means data
generated by automatic measurements of an individual's biological
characteristics.�
(b) Includes
any of the following:
(i) A
fingerprint.
(ii) A
voiceprint.
(iii) An eye
retinal or iris scan.
(iv) Any other
unique biological pattern or characteristic that is used to identify a specific
individual.�
(c) Does not
include any of the following:
(i) A physical
or digital photograph or Data generated from a physical or digital photograph.
(ii) A video or
audio recording or data generated from a video or audio recording.
(iii) Any
information collected related to health care treatment or payment pursuant to
the health INSURANCE PORTABILITY and accountability act of 1996 (P.L. 104-191;
110 Stat. 1936).
5. "Child" means an
individual who is under sixteen years of age.
6. "Consumer":
(a) Means an individual who resides in this state.
(b) Does not include an individual who is acting on behalf of
a business or as an employee.
7. "Consumer consent":
(a) Means a
clear, affirmative act that signifies a consumer's freely given, specific,
informed and unambiguous agreement to process personal data that relates to the
consumer.
(b) Includes a
written or electronic statement.
(c) Does not
include:
(i) Acceptance
of general or broad terms or an acceptance of a document that uses general or
broad terms and that contains descriptions of personal data processing along
with other unrelated information.
(ii) Acceptance
by hovering over, muting, pausing or closing a given piece of content.
(iii) An
agreement that was obtained through the use of dark patterns.
8. "Controller" means an
individual or person that individually or in concert with other individuals or
persons determines the purpose and means of processing personal data.
9. "Dark patterns":
(a) Means a
user interface designed or manipulated with the effect of substantially
subverting or impairing user autonomy, decision-making or choice.
(b) Includes
digital design choices that:
(i) Make it
difficult for a consumer to opt out.
(ii) Manipulate
or trick a consumer into actions that a consumer would otherwise not take.
(iii) Coerce a
consumer to give up data privacy.
10. "Deidentified data"
means data that cannot reasonably be linked to an identified or identifiable
individual or a device linked to that individual.
11. "Health care provider"
has the meaning prescribed by the health insurance portability and
accountability act of 1996 (42 United States Code sec 1320d).
12. "Health record":
(a) Means any
written, printed or electronically recorded material maintained by a health
care provider in the course of providing health care services to an individual
that concerns the individual and the services provided.
(b) Includes
either of the following:
(i) The
substance of any communication made by an individual to a health care provider
in confidence during or in connection with the provision of health care
services.
(ii) Information
otherwise acquired by a health care provider about an individual in confidence
and in connection with health care services provided to the individual.
13. "Identified or identifiable
individual" means a consumer who can be readily identified, directly or
indirectly.
14. "Institution of higher
education" means a community college as defined in section 15-1401
or a UNIVERSITY under the jurisdiction of the Arizona board of regents.
15. "known child" means a
child under circumstances in which a controller has knowledge of the child's
age and wilfully disregards the child's age.
16. "Personal data":
(a) means any
information, including sensitive data, that is linked or reasonably linkable to
an identified or identifiable individual.�
(b) Includes
pseudonymous data when the data is used by a controller or processor in
conjunction with additional information that reasonably links the data to
identified data or publicly available information or data.
17. "Precise geolocation
data":
(a) Means
information derived from technology that includes latitude and longitude
coordinates or other mechanisms and that directly identifies a specific
location of an individual within a radius of one thousand seven hundred fifty
feet.
(b) Does not
include the content of COMMUNICATIONS or any data generated by or connected to
an advanced utility metering infrastructure system or equipment used by a
utility.
18. "process" or
"processing" means an operation or set of operations performed either
manually or by automated means on personal data for the collection, use,
storage, disclosure, analysis, deletion or modification of personal data.
19. "Processor" means a
person that processes personal data on behalf of a controller.
20. "profiling" means
processing personal data to evaluate, analyze or predict personal aspects that
are related to an identified or identifiable individual's economic situation,
health, personal preferences, interests, reliability, behavior, location or
movements.
21. "Protected health
information" has the meaning prescribed by the health insurance
portability and accountability act of 1996 (42 United States Code sec 1320d).
22. "pseudonymous data"
means any information that cannot be attributed to a specific individual
without the use of additional information, provided that the additional
information is kept separately and is subject to appropriate technical and
organizational measures to ensure that the personal data is not attributed to
an identified or identifiable individual.
23. "publicly available
information":
(a) Means any
information that a business has a reasonable basis to believe was lawfully made
available to the public through widely distributed media by a consumer or by a
person to whom the consumer has disclosed the information unless the consumer
has restricted the information to a specific audience.
(b) Includes
public records as defined in section 41-161.
24. "Sale of personal
data":
(a) Means
sharing, disclosing or transferring personal data for monetary or other
valuable consideration by a controller to a third party.
(b) Does not
include any of the following:
(i) The
disclosure of personal data to a processor that processes personal data on the
controller's behalf.
(ii) The
disclosure of personal data to a third party to provide a product or service
that was requested by a consumer.
(iii) The
disclosure of information that the consumer intentionally made available to the
general public through a mass media channel and that the consumer did not
restrict to a specific audience.
(iv) The
disclosure or transfer of personal data to a third party as an asset that is
part of a merger or acquisition.
25. "Sensitive data":
(a) Means a
category of personal data.
(b) Includes
any of the following:
(i) Personal
data that reveals an individual's race or ethnic origin, religion, mental or
physical health status, gender or citizenship or immigration status.
(ii) Genetic or
biometric data that is processed for the purpose of uniquely identifying an
individual.
(iii) Personal
data collected from a known child.
(iv) Precise
geolocation data.
26. "Targeted advertising":
(a) Means
displaying an advertisement to a consumer based on personal data obtained from
the consumer's activities across nonaffiliated websites or online applications
to predict a consumer's preferences or interests.
(b) Does not
include an advertisement that:
(i) Is based on
activities within a controller's own websites or online applications.
(ii) Is based
on the context of a consumer's current search query, visit to a website or
online application.
(iii) Is
directed to a consumer in response to the consumer's request for information or
feedback.
(iv) Is based
on the processing of personal data solely for measuring or reporting
ADVERTISing performance, reach or frequency.
27. "Third party" means a
person other than the consumer, the controller, the processor or an affiliate
of the controller or processor.END_STATUTE
START_STATUTE44-1383.01. Consumer requests; controller responsibilities and response;
personal data collection
A. A consumer may submit a consumer
request to a controller for any of the following reasons:�
1. To confirm whether a controller is
processing a consumer's personal data and to allow the consumer to access the
personal data.
2. To correct inaccuracies in a
consumer's personal data, taking into account the nature of the personal data
and the purposes of the processing of the consumer's personal data.
3. To delete personal data provided
by the consumer or obtained about the consumer.
4. If the data is available in a
digital format, to obtain a copy of the consumer's personal DATA in a PORTABLE
format that the consumer previously provided to the controller.� To the extent
technically feasible, the personal data must be in a usable format that allows
the consumer to transmit the data to another controller without hindrance.
5. To opt out of the controller's
processing or use of personal data for the purposes of:
(a) Targeted
advertising.
(b) The sale of
personal data.
(c) Profiling
in furtherance of a decision that produces a legal or similarly significant
effect concerning the consumer or the consumer's legal rights.
B. A controller may authenticate the
consumer request by verifying the individual who made the request through
reasonable commercial means.� A consumer may request that ONLY that consumer's
consumer data or personal data be removed and may not make a request for
another consumer unless authorized as an agent on behalf of the other
consumer.� A parent or legal guardian may submit a request on behalf of a child
under eighteen years of age.� The controller shall comply with an authenticated
consumer request within a reasonable time pursuant to section 44-1383.04.
C. If a controller is unable to
authenticate the request by using commercially reasonable means, the controller
is not required to comply with the consumer request and may request that the
consumer provide additional information that is reasonably necessary to verify
the identity of the consumer.
D. a controller shall comply with a
consumer request without undue delay and not later than forty-five days
after receiving a consumer request. The controller may extend the response
period once by an additional forty-five days based on reasonable
necessity, taking into consideration the complexity and number of consumer
requests the controller has to process.� The controller shall inform the
consumer of the time extension within the initial forty-five-day
response period and the reason for the extension.
E. If a controller declines to take
action regarding the consumer's request, the controller shall inform the
consumer without undue delay and not later than forty-five days after
receiving the consumer request of the reasons for declining to take action and
provide instructions on how to appeal the decision pursuant to section 44-1383.02.
F. A controller shall provide
information in response to a consumer's request free of charge, at least twice
annually per consumer.� If a request from a consumer is manifestly unfounded,
excessive or repetitive, the controller may charge the consumer a reasonable
fee to cover the administrative costs for complying with the request or may
decline to act on the request.� The controller has the burden of showing that
the request is manifestly unfounded, excessive or repetitive.
G. If a controller has obtained
personal data about a consumer from a source other than the consumer and the
controller receives a consumer request to delete the consumer's personal data,
the controller shall delete the personal data and shall:
1. Retain a record of the consumer
request to delete the personal data.
2. Retain the minimum amount of data
that is necessary to ensure that the consumer's personal data remains deleted
from the business's records and shall not use the retained data for any other
purposes.
3. Opt out the consumer from any
processing of personal data for any purpose other than a purpose that is exempt
under this section.END_STATUTE
START_STATUTE44-1383.02. Consumer appeal process; controller requirements
A. A controller shall establish a
process for a consumer to appeal the controller's decision to refuse to take
action or about a prolonged delay, a denial of or an inability to AUTHENTICATE
a consumer request.
B. The appeals process must be
conspicuously available and similar to the process for submitting a consumer
request pursuant to section 44-1383.01.�
C. A controller shall inform the
consumer in writing of any action taken or not taken in response to an appeal
not later than SIXTY calendar days after receiving the appeal AND shall include
a written explanation of the reason or reasons for the controller's decision.
D. If a controller denies an appeal,
the controller shall provide the consumer with information, including online
information that explains HOW the consumer may contact the attorney general's
office to submit a consumer fraud complaint as prescribed in chapter 10,
article 7 of this title.END_STATUTE
START_STATUTE44-1383.03. Consumer contract; waiver prohibition
Beginning on January 1, 2027, any contract or
amendment to a contract that waives or limits a consumer right provided under
this article is contrary to public policy and is void and unenforceable. END_STATUTE
START_STATUTE44-1383.04. Consumer requests; submission
A. A controller shall establish two
or more secure and reliable methods to allow consumers to exercise their
consumer rights under this article.� The methods shall take into consideration
all of the following:
1. The manner in which consumers
normally interact with the controller.
2. The necessity for secure and
reliable communications of those requests.
3. The ability of the controller to
authenticate the identity of the consumer making the request.
B. A controller may not require a
consumer to create a new account to exercise consumer rights under this article, but may require a
consumer to use an existing account.
C. Except as provided in subsection D
of this section, if a controller maintains a website, the controller shall
provide a mechanism on the website for consumers to submit consumer requests.�
D. A controller that operates
exclusively online and
that has a direct relationship with the consumer from whom the controller
collects personal information is required to provide only an email address for
the submission of consumer requests.
E. A consumer may designate another
person to serve as the consumer's authorized agent and act on the consumer's
behalf to opt out of processing the consumer's personal data.� A consumer may
designate an authorized agent by using a technology, including a link to an
internet website, an internet browser setting or extension or a global setting
on an electronic device, that allows the consumer to indicate the consumer's
intent to opt out of the processing.� The controller shall provide a consumer
or the authorized agent of the consumer with technology, links to an internet
website, internet browser settings or a global setting on an electronic device
that would allow a consumer to opt out of processing personal data.� A
controller shall comply with an opt out request that is received from
technologies acting as a consumer's authorized agent and that indicate the
intent to opt out of processing of the consumer's personal data under this
article.� A controller is not required to verify a request to opt out through
an authorized agent, technology or a tool on the controller's website. END_STATUTE
START_STATUTE44-1383.05. Controller duties; consumer data
A. A controller shall:
1. Limit the collection of personal
data to what is relevant and reasonably necessary in relation to the purposes
for which the personal data is processed as disclosed in a privacy notice made
available to the consumer at the time of collection.
2. Protect the confidentiality,
integrity and access to personal data by establishing, implementing and
maintaining reasonable administrative, technical and physical data security
practices that are appropriate to the volume and nature of the controller's use
of personal data.
B. A controller may not:
1. Except as otherwise provided in
this article, process personal data for a purpose that is not reasonably
necessary or compatible with the disclosed purpose for which the personal data
is collected, as disclosed to the consumer in a privacy notice, unless the
controller obtains consumer consent after providing the consumer a notice of
the new purpose of collecting and processing the personal data.�
2. Process personal data in violation
of state or federal laws that prohibit unlawful discrimination against
consumers.
3. Discriminate against a consumer
who exercises any of the consumer rights contained in this article by doing any
of the following:
(a) denying
goods or services.
(b) Charging
different prices or rates for goods or services.
(c) Providing
goods or services at a different level of quality.
4. Process sensitive data of a
consumer without obtaining the consumer's consent or process the sensitive data
of a known child in violation of the children's online privacy protection act
of 1998 (P.L. 105-277; 112 Stat. 2681; 15 united states code section
6501).
C. Subsection B, paragraph 3 of this
section may not be construed to require a controller to provide a product or
service that requires the personal data of a consumer that the controller does
not collect or maintain or to prohibit a controller from offering a different
price, rate, level, quality or selection of goods or services to a consumer,
including offering goods or services for no fee, if the consumer has exercised
the consumer's right to opt out under this article or the offer is related to a
consumer's voluntary participation in a bona fide loyalty, rewards, premium
features, discounts or club card program. END_STATUTE
START_STATUTE44-1383.06. Privacy notice
A. A controller shall provide each
consumer with a reasonably accessible and clearly written privacy notice that
includes:
1. The categories of personal data
collected and processed by the controller, including, if applicable, any
sensitive data processed by the controller.
2. The purposes for collecting and
processing personal data.
3. How the consumer may exercise
their consumer right to opt out of personal data collection and processing and
file a consumer request to remove personal data pursuant to section 44-1383.01
that includes the process by which a consumer may appeal a controller's
decision pursuant to section 44-1383.02.
4. If applicable, the categories of
personal data that the controller shares with third parties.
5. If applicable, the categories of
third parties with whom the controller shares personal data.
6. A description of the methods
required under section 44-1383.01 that describes how a consumer may
submit requests to exercise their consumer rights under this article.
B. If a controller engages in the
sale of personal data or processes personal data for targeted advertising, the
controller shall clearly and conspicuously provide the following notice and
include in the notice the manner in which the consumer may opt out of the sale
of personal data or targeted advertising: "We may sell your personal data
or use your personal data for targeted advertising.� If you want to opt out of
the sale of personal data or targeted advertising, you may [describe the
specific manner in which the consumer may opt out]."� The notice must
be posted in the same location and in the same manner as the privacy notice
described in subsection A of this section.
C. If a controller engages in the
sale of sensitive data, the controller shall clearly and conspicuously provide
the following notice specifying the type of sensitive data and include in the
notice the manner in which the consumer may opt out of the sale of sensitive
data:� "We may sell your [name the specific type of sensitive data,
including biometric personal data]. if you want to opt out of the sale of
the sensitive data, you may [describe the specific manner in which the
consumer may opt out]."� The notice must be posted in the same
location and in the samer manner as the privacy notice described in subsection
A of this section.
D. The privacy notice must be Posted
online through a conspicuous link using the word "privacy" on the
controller's website home page or on a mobile application's app store page or
download page.
E. A controller that maintains an
application on a mobile or other device shall also include a link to the
privacy notice in the application's setting.
F. A controller that does not operate
a WEBSITE shall make the privacy notice conspicuously available to consumers
through a medium regularly used by the controller to interact with consumers,
for instance, if a controller interacts with a consumer offline, an offline
version of the privacy notice must be available to the consumer.
G. To enable a consumer to exercise
the right to opt out of processing as described in this article, the controller
must:
1. Provide the disclosures required
by subsections B and C OF THIS SECTION.
2. Provide a clear, conspicuous
method for each or all of the opt out purposes, as applicable, either directly
or through a link, in a clear and conspicuous and readily accessible location
outside of the privacy notice.
H. To enable a consumer to exercise
the right to opt out of processing personal data for the purpose of profiling
in furtherance of a decision that produces a legal or similarly significant
effect concerning the consumer, the controller shall provide a clear and
conspicuous method for consumers to exercise the right to opt out of processing
personal data for such profiling at or before the time such processing occurs.END_STATUTE
START_STATUTE44-1383.07. Sale of data for targeted advertising; disclosure; opt out
If a controller sells personal data for targeted
advertising, the controller shall clearly and conspicuously disclose the
process and the manner in which a consumer may EXERCISE THE RIGHT TO opt out of
that process. END_STATUTE
START_STATUTE44-1383.08. Duties of processor; contracts between controller and processor
A. A processor shall adhere to the
instructions of a controller and shall assist the controller in meeting or complying
with the controller's duties or requirements under this article, including:
1. Assisting the controller in
responding to consumer RIGHTS' requests submitted under section 44-1383.01
by using appropriate technical and organizational measures, as reasonably
practicable, taking into consideration the nature of processing and the
information available to the processor.
2. Assisting the controller in
complying with the security requirements when processing personal data and, IF
APPLICABLE, PERSONAL DATA collected, STORED AND PROCESSED BY AN ARTIFICIAL
INTELLIGENCE SYSTEM, AND notifying the controller of any breach of security in
the processor's system.
3. Providing necessary information to
enable the controller to conduct and document data protection assessments under
section 44-1383.09.
B. A contract between a controller
and a processor SHALL govern the rights and responsibilities of the data
processing procedures that are performed on behalf of the controller.� The
contract must include all of the following:
1. Clear instructions for processing
personal data.
2. The nature and purpose of
processing personal data.
3. The type of SPECIFIC personal data
subject to processing.
4. The duration of processing.
5. The rights and obligations of the
controller and the processor.
6. A requirement that the processor:
(a) Ensure that
each person that is processing personal data is subject to a duty of
confidentiality with respect to the personal data.
(b) At the
controller's direction, delete or return all personal data to the controller as
REQUESTED after the service is completed, unless retention of the personal data
is required by law.
(c) Make
available to the controller, on reasonable request, all information in the
processor's possession that is necessary to demonstrate the processor's
compliance with the requirements of this article.
(d) Allow and
cooperate with reasonable assessments by the controller or the controller's
designated assessor.
(e) Engage any
subcontractor pursuant to a written contract that requires the subcontractor to
meet the requirements of the processor with respect to the processing of
personal data.
C. Notwithstanding subsection B,
paragraph 6, subdivision (e) of this section, a processor
may ARRANGE for a qualified and independent assessor to conduct an assessment
of the processor's policies, technical capabilities and organizational
structures to serve as a processor.� The processor shall provide a report of
the assessment to the controller on request.
D. This section does not relieve a
controller or a processor from any liability in violation of this article.�
E. Whether a person is acting as a
controller or processor is a fact-based question taking into consideration the
contract between the controller and processor and how the data is processed.� A
processor that continues to adhere to a controller's instructions when
processing personal data remains in the role of a processor. END_STATUTE
START_STATUTE44-1383.09. Data protection assessments
A. A controller shall conduct and
document a data protection assessment of each of the following activities:
1. The processing of personal data
for the purposes of targeted advertising.
2. The processing of personal data
for sale.
3. The processing of personal data
for the purposes of profiling if the profiling presents a reasonably
FORESEEABLE risk of any of the following:
(a) unfair or
deceptive treatment or unlawful disparate impact on consumers.
(b) Financial,
physical or reputational injury to consumers.
(c) Invasion of
privacy that would be offensive to a reasonable person.
(d) Other
substantial injury to consumers.
(e) The
processing of sensitive personal data.
(f) Any
processing activities that involves personal data and that presents a
heightened risk of harm to consumers.
B. A data protection assessment
conducted under subsection a of this section shall DO BOTH OF THE FOLLOWING:
1. Identify and weigh the direct or
indirect benefits that may flow from the processing to the controller, the
consumer, other stakeholders and the public against the potential risks to the
rights of the consumer associated with that processing as mitigated by
safeguards that can be employed by the controller to reduce the risks.
2. Take into consideration ALL OF THE
FOLLOWING:
(a) The use of
deidentified data.
(b) The
reasonable expectations of consumers.
(c) The context
of the processing.
(d) The
relationship between the controller and the consumer whose personal data will
be processed.
C. A controller shall provide a copy
of the data protection assessment to the attorney general on request OR
PURSUANT TO A CIVIL INVESTIGATION DEMAND. disclosure of a data
protection assessment in compliance with a request from the attorney general
does not constitute a waiver of attorney-client privilege or work product
protection with respect to the assessment and any information that is contained
in the assessment.
D. A data protection assessment is
confidential and not a public record under title 39, chapter 1, article 2.
E. A single data protection
assessment IS PERMISSIBLE if the single data protection assessment is
comparable to other processing operations THAT INCLUDE similar activities.
F. A data protection assessment
conducted by a controller for the purposes of compliance with other laws or
regulations constitutes compliance with the requirements of this SECTION if the
assessment has a reasonably comparable scope and effect. END_STATUTE
START_STATUTE44-1383.10. Deidentified or pseudonymous data
A. A controller that is in possession
of deidentified data shall:
1. Take reasonable MEASURES to ensure
that the deidentified data cannot be associated with any individual.
2. PUblicly commit ON THE
CONTROLLER'S WEBSITE OR IN A PRIVACY NOTICE to maintaining and using
deidentified data without attempting to reidentify the deidentified data.
3. Contractually obligate any
recipient of the deidentified data to comply with this article.
B. This section does not require a
controller or processor to:
1. Reidentify deidentified data or
pseudonymous data.
2. Maintain deidentified data or
pseudonymous data in identifiable form or to obtain, retain or access any data
or technology for the purposes of allowing the controller or processor to
associate a consumer request with personal data.
3. Comply with an authenticated
consumer request under section 44-1383.01 if the controller:
(a) Is not
reasonably capable of associating the request with the personal data or it
would be unreasonably burdensome for the controller to associate the request
with the personal data.
(b) Does not
use the personal data to recognize or respond to the specific consumer who is
the subject of the personal data or associate the personal data with other
personal data about the same specific consumer.
C. The consumer rights under this
article do not apply to pseudonymous data in cases in which the controller is
able to demonstrate any information necessary to identify the consumer is kept
separately and is subject to effective technical and organizational controls
that prevent the controller from accessing the INFORMATION.
D. A controller that discloses
pseudonymous data or deidentified data shall exercise reasonable oversight to
monitor compliance and shall take appropriate steps to address any breakdown in
maintaining COMPLIANCE If personal data a controller claims is deidentified or
pseudonymous is reidentified and used in a manner that violates this ARTICLE, a
presumption will exist that the controller or processor maintaining the
reidentified data is responsible for any violation or breach of the personal data.END_STATUTE
START_STATUTE44-1383.11. Sale of personal data; prohibition
A controller or processor may not sell a
consumer's sensitive data without receiving prior consumer WRITTEN consent. END_STATUTE
START_STATUTE44-1383.12. Attorney general; website; filing of complaints
The attorney general shall post on the attorney
general's website both of the following:
1. information relating to:
(a) The
responsibilities of a controller pursuant to this article.
(b) The
responsibilities of a processor pursuant to this article.
(c) A
consumer's options regarding how to submit a consumer request to a controller
pursuant to section 44-1386.01 and how to file an appeal if a consumer's
RIGHTS WERE denied pursuant to section 44-1386.02.
2. An online mechanism through which
a consumer may submit a complaint under this article to the attorney general.END_STATUTE
START_STATUTE44-1383.13. Attorney general; violations; right to cure; civil penalty
A. An act or practice in violation of
this article constitutes an unlawful practice pursuant to section 44-1522.�
The attorney general may investigate and take appropriate action pursuant to
chapter 10, article 7 of this title.� The attorney general may promulgate rules
for the purpose of carrying out this ARTICLE, particularly the details of how
to provide a privacy notice and opt out methods, how to respond to rights
requests and how to determine whether secondary processing is compatible with
the purpose of processing indicated in the privacy notice.
B. Before bringing an action pursuant
to chapter 10, article 7 of this title, the attorney general shall notify a
controller in writing not more than thirty days before filing the action and
shall identify the specific provisions of this article that the attorney
general alleges have been violated.� The attorney general may not bring an
action against the controller if both of the following apply:
1. The controller cures the
identified violation within thirty days after notification from the attorney
general.
2. The controller provides the
attorney general with a written statement that the controller:
(a) Cured the
alleged violation.
(b) Notified
the consumer that the consumer's request was addressed if the consumer's
contact information was made available to the controller.
(c) Provided
documentation to show how the alleged violation was cured.
(d) Made
changes to internal policies, if necessary, to ensure that further violations
will not occur.
C. A PERSON, controller, PROCESSOR OR
THIRD-PARTY AGENT that violates this article following the cure period or
that breaches a written statement provided to the attorney general under this
section is liable for a civil penalty in an amount of not more than $7,500 for
each violation.
D. The attorney general may bring a
civil action IN THE NAME OF THIS STATE to:
1. Recover a civil penalty under this
section.
2. Restrain or enjoin the person
CONTROLLER, PROCESSOR OR THIRD-PARTY AGENT from violating this article.
3. Seek injunctive relief.
E. The attorney general may recover
reasonable attorney fees.�
F. This article does not establish a
private right of action.END_STATUTE
START_STATUTE44-1383.14. Collection, use, or retention of personal data
A. The requirements imposed on
controllers and processors under this article may not restrict a controller's
or processor's ability to collect, use or retain personal data to:
1. Conduct internal research to
develop, improve or repair products, services or technology.
2. Effect a product recall.
3. Identify and repair technical
errors that impair existing or intended functionality.
4. Perform internal operations that
are all of the following:
(a) Reasonably
aligned with the expectations of the consumer.
(b) Reasonably
anticipated based on the consumer's existing relationship with the controller.
(c) Otherwise
compatible with processing personal data in furtherance of the provision of a
product or service specifically requested by a consumer or the performance of a
contract to which the consumer is a party.� Whether processing is compatible
depends on the context of the relationship with the consumer, the necessity of
the processing to providE the specific product or service requested and the
consumer's expectations of the use of personal data in the context of the
relationship and the product or service requested.
B. A controller or processor is not
required to comply with a requirement of this section if compliance would
violate an evidentiary privilege under THE LAWS OF THIS STATE. END_STATUTE
START_STATUTE44-1383.15. Disclosure of personal data to third-party controller or
processor
A. A controller or processor that
discloses personal data to a third-party controller or processor in
compliance with this article does not violate this article if the third-party
controller or processor receives and processes the personal data in violation
of this article and if the disclosing controller or processor did not have
knowledge, REASONABLY SHOULD HAVE KNOWN OR A REASONABLE EXPECTATION that the
third-party controller or processor intended to commit a violation.
B. A third-party controller or
processor that receives personal data from a controller or processor in
compliance with this article does not violate this article for acts that may
have occurred before disclosure to the third-party controller or
processor. END_STATUTE
START_STATUTE44-1383.16. Processing of personal data by controller, processor or
third-party processor
A. Personal
data that is processed by a controller under this article may not be processed
for any other purpose.� A controller may process Personal data if:
1. The processing of personal data is
reasonably necessary and proportionate to the purposes provided in this
article.
2. The processing of personal data is
relevant and limited to what is necessary in relation to the specific purposes
provided in this article.
B. The personal data that is
collected, used or retained must be in compliance with this
article. A controller shall use appropriate reasonable,
administrative, technical and physical MEASURES to protect the confidentiality,
integrity and accessibility of personal data and to reduce reasonably
FORESEEABLE risks of harm to consumers relating to the collection, use or
retention of personal data.
C. A controller that processes
personal data under an exemption in this article shall BEAR THE BURDEN TO
demonstrate that the PROCESSING OF THE personal data qualifies for the
exemption AND IS IN COMPLIANCE WITH THIS ARTICLE.
D. The processing of personal data by
a processor or third-party processor does not make the processor or third-party
processor a controller WITH RESPECT TO THE PROCESSING OF THE DATA. END_STATUTE
START_STATUTE44-1383.17. Scope of the article; preemption
This article supersedes and preempts any
ORDINANCE, resolution, rule or other regulation adopted by a political
subdivision regarding the processing of personal data by a controller or
processor.END_STATUTE