HB216 Alabama 2021 Session

Current law provides for the confidentiality of certain personal information in certain contexts, and requires a business or person that suffers a breach of security of data that includes personal consumer information to disclose that breach under certain circumstances

This bill would create the Alabama Consumer Privacy Act

This bill would allow a consumer to request that a business disclose, categorically and specifically, the personal information the business collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling that information, and the categories of any third parties with which the information is shared

This bill would require a business to make certain disclosures regarding what information it collects and has collected, and the purposes for which that information is used

This bill would allow a consumer to request deletion of personal information, and would require a business to delete that information upon receipt of a verified request from a consumer

This bill would allow a consumer to request that a business that sells personal information about that consumer, or discloses that information for a business purpose, disclose the categories of information that it collects and categories of information and the identities of third parties to which the information was sold or disclosed. This bill would also require a business to provide this information upon receipt of a verified request by a consumer

This bill would authorize a consumer to opt out of the sale of personal information by a business, and would prohibit a business from discriminating against a consumer for opting out or requesting information, including by charging the consumer a different price or providing the consumer with a different quality of goods or services, unless that change in price or quality is reasonably related to the value provided by that consumer's personal information. The bill would also allow a business to offer financial incentives for collection of personal information

This bill would prohibit a business from selling the personal information of a consumer under 18 years of age, except with affirmative authorization and under certain conditions

This bill would prescribe requirements for the receiving, processing, and fulfilling of requests from consumers relating to personal information

This bill would provide for enforcement by the Attorney General under the Deceptive Trade Practices Act, and would also provide for a private cause of action in connection with certain unauthorized access and exfiltration, theft, or disclosure of a consumer's nonencrypted or nonredacted personal information

This bill would also authorize the Attorney General to adopt rules for the implementation of this act, including rules relating to the submission and verification of consumer requests relating to personal information

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to consumer protection; to create the Alabama Consumer Privacy Act; to allow a consumer to request a business to disclose personal information it collects about the consumer and to require a business to make those disclosures under certain conditions; to allow a consumer to request deletion of certain personal information; to require a business to delete certain personal information under certain conditions; to allow a consumer to request a business to disclose the sale of certain personal information to third parties; to allow a consumer to opt out of the sale of personal information by a business; to prohibit a business from retaliating against a consumer for making a request for disclosure or for opting out; to prohibit a business from selling the personal information of a consumer under 18 years of age, except with authorization and under certain conditions; to provide for enforcement by the Attorney General; to authorize the Attorney General to adopt rules; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.