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posted by janrinok on Sunday December 29 2024, @04:08PM   Printer-friendly
from the only-45-more-to-go dept.

Arthur T Knackerbracket has processed the following story:

Residents of five states will be ringing in the new year with the best gift of all: new privacy rights.

This upcoming January will see consumer data privacy laws that were enacted by state lawmakers in 2023 and 2024 go into effect in Delaware, Iowa, Nebraska, New Hampshire, and New Jersey. It will bring the number of states with active privacy laws up to 13.

The new laws govern how businesses of certain sizes—the size varies by state—handle sensitive consumer information and grant residents of those states various rights to know, correct, and delete the data that businesses hold about them. Here are some of the key provisions in the new suite of laws:

Delaware: Originally passed in 2023, the law applies to people and organizations who, during the preceding calendar year, processed the personal information of 35,000 Delaware residents or processed the personal information of 10,000 Delaware residents and made more than 20 percent of their gross revenue from the sale of personal information.

Unlike many other state privacy laws, it applies to nonprofits and for-profit businesses.

It grants residents the right to know what personal information an organization holds about them, obtain a copy of that information, correct it, and opt out of having that information used for targeted advertising, sold to a third party, or used to make automated decisions with significant legal ramifications.

The law goes into effect January 1.

Iowa: Also passed in 2023, Iowa's law applies to businesses that processed personal information for at least 100,000 residents or that processed information for 25,000 residents and made more than half of their gross revenue from the sale of such data.

It is a narrower, more business-friendly law than many of the other state laws that have taken effect.

While consumers are granted the right to access and delete information a business holds about them and opt out of it being sold to a third party, they are not allowed to correct that information, opt out of its use for targeted advertising, or opt out of it being used to make automated decisions about them.

The law goes into effect January 1.

Nebraska: The state's data privacy act doesn't contain a specific revenue or customer count threshold. It applies to any business that isn’t a small business, as defined by the federal Small Business Act (and also applies to small businesses that sell sensitive data without first obtaining consumer consent).

It grants consumers the right to access, correct, and delete personal information held by businesses and to opt out of the use of that data for targeted advertising, being sold to third parties, or used in certain automated decision-making systems.

The law goes into effect January 1.

New Hampshire: The law applies to businesses that process the personal information of 35,000 Granite Staters or that process the personal information of 10,000 Granite Staters and make 25 percent of their gross revenue from the sale of such information.

It gives residents the right to access, correct, and delete personal data held by qualifying businesses and to opt out of that data being used for targeted advertising, being sold to third parties, or being used in certain automated decision-making systems.

The law goes into effect January 1.

New Jersey: The law applies to businesses that process the personal information of at least 100,000 residents (unless that processing is only for the purpose of completing payments) or businesses that process the personal information of 25,000 residents and profit from the sale or such information.

Like many of the laws previously mentioned, it grants consumers the rights to access, correct, and delete personal information and the rights to opt out of that data being used for targeted advertising, being sold to third parties, or used in certain automated decision-making systems.

However, it would also allow consumers to signal their desire to opt out of those uses through what’s known as a universal opt-out mechanism. While not defined in the law’s text, a universal opt-out mechanism could be something like a browser extension that informs every website a user visits about their privacy choices, rather than the user needing to communicate those choices to each business individually.

The law goes into effect on January 15.


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  • (Score: 2) by VLM on Sunday December 29 2024, @05:29PM (3 children)

    by VLM (445) Subscriber Badge on Sunday December 29 2024, @05:29PM (#1386795)

    Interesting probably unintended side effect:

    Former president Herbert Hoover was born in Iowa. Presumably he has relatives still living in Iowa. I wonder if even one relative wants to troll, they could try to wipe everything Ancestry.com has about Hoover, making life harder on every other relative or curiosity seeker wondering about former prez Hoover.

    Obviously, this is kind of a made up example because I happened to recall Hoover was born in Iowa and the story includes a new Iowa law, but it I suppose could apply to any human in that state who's in any sort of genealogical record, which is interesting to think about.

    We could end up in some weird situations where the national archives can't be regulated by mere states so they'll keep right on selling uncensored federal census data but anyone else can't re-sell the same data the fed's sell without censoring to various individual state law levels.

    Another novelty, a nationwide book seller makes almost zero percent of their money selling census data so THEY can keep selling uncensored data. However a small scale genealogy research org ("Civil War vets of your-state") can't resell uncensored information in some states but OK in others it could all get very weird. For example could Delaware extradite me from my state if I sold uncensored "Daughters of the American Revolution" data including Delaware data that I don't censor? "It grants residents the right to know what personal information an organization holds about them" They could execute a distributed denial of service attack on my local DAR branch if they wanted LOL.

    Yeah yeah I know its "intended" to combat targetted advertising and the like but there will be interesting unintended consequences.

    • (Score: 0) by Anonymous Coward on Sunday December 29 2024, @11:13PM

      by Anonymous Coward on Sunday December 29 2024, @11:13PM (#1386834)

      For example could Delaware extradite me from my state if I

      Typically the reason for extradition must violate the law in both locales for the person to be extradited. If you sell Nazi memorabilia here, Germany can't extradite you -- because it's not a crime here. If you do it in Poland or Austria, they might be able to.

    • (Score: 2) by c0lo on Monday December 30 2024, @03:11AM (1 child)

      by c0lo (156) Subscriber Badge on Monday December 30 2024, @03:11AM (#1386851) Journal

      Former president Herbert Hoover was born in Iowa... I wonder if even one relative wants to troll, they could try to wipe everything Ancestry.com has about Hoover

      Ummm... unless that one relative can prove he legally is Herbert Hoover reincarnated**, I don't see how the "one relative/they" could ask for such a thing. Because...

      Iowa: : ... While consumers are granted the right to access and delete information a business holds about them

      ** Anyone here who knows about laws applicable in Iowa about reincarnation is kindly invited to shed a light.

      --
      https://www.youtube.com/@ProfSteveKeen https://soylentnews.org/~MichaelDavidCrawford
      • (Score: 2) by VLM on Tuesday December 31 2024, @07:33PM

        by VLM (445) Subscriber Badge on Tuesday December 31 2024, @07:33PM (#1387005)

        The federal census releases data in 72 years, so if hypothetically someone was a child in 1950 the data was released to the public in 2022, so someone 72 or more years old probably can't go after the feds but if a private company resold the census data in some fashion...

  • (Score: 2, Troll) by jelizondo on Sunday December 29 2024, @06:48PM (1 child)

    by jelizondo (653) Subscriber Badge on Sunday December 29 2024, @06:48PM (#1386807) Journal

    The rest of you, live in a state of denial... of rights :-)

    • (Score: 2) by aafcac on Sunday December 29 2024, @09:15PM

      by aafcac (17646) on Sunday December 29 2024, @09:15PM (#1386826)

      Yes, although it can be hard to comply in just some states and not all.

  • (Score: 2) by mcgrew on Sunday December 29 2024, @07:31PM

    by mcgrew (701) <publish@mcgrewbooks.com> on Sunday December 29 2024, @07:31PM (#1386817) Homepage Journal

    New Illinois law about workplace AI [morganlewis.com]

    This was briefly mentioned in the local news the other night. I had a hard time finding it on Google.

    --
    Impeach Donald Palpatine and his sidekick Elon Vader
  • (Score: 2) by Ken_g6 on Monday December 30 2024, @06:09AM (1 child)

    by Ken_g6 (3706) on Monday December 30 2024, @06:09AM (#1386857)

    The article doesn't list them, the comments in the article complain about the omission but don't list them, and I don't see them listed here. I imagine California is probably one, but what are the others?

    • (Score: 1, Informative) by Anonymous Coward on Monday December 30 2024, @01:47PM

      by Anonymous Coward on Monday December 30 2024, @01:47PM (#1386867)

      If you try to google it, it seems to be a complicated mess to get a big picture. What pops up is a number of legal firms that try to summarize them. Here's one example [foley.com] that attempts to compare them on some common topics.

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