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The Iowa Senate and House Pass a Consumer Data Privacy Rights Bill

By Philip N. Yannella & John Georgievski on March 19, 2023
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On March 15, 2023, the Iowa House passed Senate Bill 262 on a 97-0 vote. The Bill had previously passed the Iowa Senate on March 6, 2023.  If ultimately signed by Iowa Governor Kim Reynolds, Iowa would join California, Colorado, Connecticut, Utah, and Virginia as the sixth U.S. state with a comprehensive consumer data privacy law. The Bill would also become law if it is sent to the governor and remains unsigned for three days.

The proposed Iowa privacy law follows a similar path as other U.S. state privacy laws. At a high-level, the Iowa Bill would:

  • Apply to entities that control or process personal data of at least 100,000 consumers or that control or process person data of at least 25,000 consumers but derives over 50% of its gross revenue from the sale of personal data.
  • Provide the Iowa Attorney General with exclusive enforcement authority.
  • Provide consumers with: A right to confirm whether a controller is processing the consumer’s personal data; a right to request deletion of personal data provided by the consumer; a right to obtain a copy of the consumer’s personal data from the controller; and a right to opt out of the sale of personal data.
  • Require a controller to present consumers with a clear notice and opportunity to opt-out of the processing of their sensitive data, if processing is for a nonexempt purpose. Likewise, the Bill would require a controller who sells personal data to 3rd parties to clearly and conspicuously disclose such activity to consumers, as well as the manner in which a consumer may exercise the right opt-out of such activity.
  • Require a contract between a controller and processer to include: That each person processing personal data is subject to a duty of confidentiality with respect to the data being processed; that at the controller’s direction, the processor must delete or return all personal data to the controller as requested at the end of the service, unless retention of the personal data is required by law; that upon the reasonable request of the controller, the processor make available all information in the processor’s possession necessary to demonstrate the processor’s compliance with the Bill; and that any engaged subcontractor or agent enter into a written contract that requires the subcontractor or agent to meet the duties of the processor with respect to personal data.

However, the Bill would not provide consumers with a right of private action; a right to correct inaccuracies with their data; or  require that businesses recognize “do not track” signals.

At the time of this post, the Bill has been messaged back to the Senate. If passed into law, its provisions would take effect on January 1, 2025. As drafted, the Bill would not provide for additional rulemaking.

Philip N. Yannella

yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr’s Privacy and Data Security Group, and Practice Leader of the firm’s E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use…

yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr’s Privacy and Data Security Group, and Practice Leader of the firm’s E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use of digital information.

Phil regularly advises clients on the Stored Communications Act (SCA), Computer Fraud and Abuse Act (CFAA), EU-US Privacy Shield, General Data Protection Regulation (GDPR), Defense of Trade Secrets Act, PCI-DSS, Telephone Consumer Protection Act (TCPA), New York Department of Financial Services Cybersecurity Regulations, ISO 27001 compliance, HIPAA Security Rules, and FTC enforcement activity, as well as eDiscovery issues—leveraging his experience serving as National Discovery Counsel for more than two dozen companies in nationwide litigation. He harnesses his deep knowledge of privacy, data security, and information governance laws to help multinational companies develop global information governance programs to comply with overlapping, and sometimes conflicting, laws. Phil serves on the advisory board for the ACC Foundation’s Cybersecurity Survey, the largest survey of in-house counsel on cybersecurity issues.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    CyberAdviser
  • Organization:
    Ballard Spahr LLP
  • Article: View Original Source

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