Ohio introduces data-privacy bill, skips private right of action

guest · Jul 18, 2021

Ohio introduces data-privacy bill, skips private right of action
July 15, 2021
https://statescoop.com/ohio-introduces-data-privacy-bill-skips-private-right-of-action/

Ohio lawmakers this week introduced a bill to protect consumer data-privacy that Lt. Gov. Jon Husted said represents a comfortable “middle ground” amid the field of existing state privacy laws.

Introduced by Republican state Reps. Rick Carfagna and Thomas Hall, the Ohio Personal Privacy Act contains many of the provisions found in the three states that have passed data-privacy laws — California, Colorado and Virginia. In Ohio, these would include the establishment of a set of consumer “data rights,” such as the right to ask companies what personal data they’ve collected, request corrections to that data, have that data deleted upon request, request companies stop selling personal data and complain to the attorney general’s office of infractions.
Click to expand...

The bill is missing what’s known as a private right of action, a contentious provision allowing people to privately sue companies for complaints. Disputes over private-right-of-action clauses have repeatedly tripped up passage of data-privacy legislation in Washington and Florida.
Click to expand...

With no national law on data privacy, 31 states have so far at least attempted to pass some form privacy legislation, according to the International Association of Privacy Professionals. (Other states with active legislation this year include Massachusetts, New York, North Carolina and Pennsylvania.)
Click to expand...

guest · Jul 19, 2021

Ohio Introduces Data Privacy Legislation
July 14, 2021
https://www.natlawreview.com/article/ohio-introduces-data-privacy-legislation

On July 13, 2021, Ohio Lieutenant Governor John Husted announced the introduction of the Ohio Personal Privacy Act (OPPA), a comprehensive privacy framework following in the footsteps of recent legislative enactments in California (the CCPA as modified by the CPRA), Virginia (the CDPA), and Colorado (the Colorado Privacy Act).

Similar to Colorado and Virginia, the OPPA defines “consumer” more narrowly than California by excluding individuals acting in a “business capacity or employment context.”
Click to expand...

Consumer Rights
The OPPA outlines multiple consumer rights, including rights for access and deletion, as well as an opt-out right for the sale of personal data. A business that sells personal data must provide a “clear and conspicuous notice” to enable the consumer to opt-out of the sale of the consumer's personal data. While other states require such notice to be included on the business’ website, the OPPA gives businesses discretion to decide what is considered “clear and conspicuous notice.” In addition, businesses are prohibited from discriminating against consumers who exercise their rights under the OPPA as well.
Click to expand...

guest · Oct 8, 2021

OPPA: Ohio could become the third US state to enact a new consumer privacy law in 2021
October 6, 2021
https://portswigger.net/daily-swig/...e-to-enact-a-new-consumer-privacy-law-in-2021

State legislatures in the US have been busy this year, with both Virginia and Colorado passing new consumer privacy statutes mirroring the now well-known California Consumer Privacy Act (CCPA).

The Ohio Personal Privacy Act (OPPA) has strong support from Ohio’s governor and lieutenant governor, increasing the likelihood that the Midwestern state may soon join the ranks of a growing number of states with consumer privacy statutes on the books.
Click to expand...

The OPPA: Scope and applicability
Similar to the CCPA and other consumer privacy statutes, businesses would have to meet certain thresholds to fall under the scope of the OPPA.

Specifically, the law applies to any business that conducts operations in Ohio or produces goods/services targeted at Ohio consumers and satisfies one or more of the following criteria:

Annual gross revenue generated in Ohio above $25 million.

Controls or processes the personal data of 100,000 or more consumers during the calendar year.

Derives more than 50% of its gross revenue from the sale of personal data and processes/controls the personal data of 25,000 or more consumers during a calendar year.

Click to expand...

The OPPA also requires businesses to give notice to consumers regarding the personal data that they process.

From a broader perspective, the increasing momentum for consumer privacy laws across the globe should serve as a reminder for all companies to take proactive steps to build out a comprehensive privacy and data protection program.
Click to expand...

Log in or Sign up

Ohio introduces data-privacy bill, skips private right of action

guest Guest

guest Guest

guest Guest

Log in or Sign up

Ohio introduces data-privacy bill, skips private right of action

guest Guest

guest Guest

guest Guest

Useful Searches