5062-S2 AMS KUDE S1565.1
2SSB 5062 - S AMD 1516
By Senator Kuderer
NOT CONSIDERED 07/19/2022
On page 4, line 18, after "through" strike "(4)" and insert "(5)"
On page 7, line 24, after "(33)" insert ""Specific transaction requested by the consumer" means the narrowest definition of transaction necessary to accomplish the immediate request of the consumer. For example, a request for one recommendation is not a request for use of the consumer's personal data for any other recommendations or any future updates of the recommendation; or a request to read one article is not a request to be sent any other articles or any other information related to the article.
(34)"
Renumber the remaining subsections consecutively and correct any internal references accordingly.
On page 11, line 18, after "such" strike all material through "consumer." on line 21 and insert "consumer that was obtained prior to the effective date of this section or was obtained pursuant to valid consent under this act, provided that a controller and/or processor shall be entitled to use personal data where: (a) Such use is necessary to execute the specific transaction requested by the consumer, (b) the use of personal data is clearly disclosed prior to the consumer entering into the specific transaction, and (c) the personal data is used only for the purpose of executing the specific transaction requested by the consumer and is not retained or otherwise used or disclosed for any other purpose.
(6) A consumer has the right to refuse to consent to the processing of personal data gathered after the effective date of this section, provided that a controller and/or processor shall be entitled to use personal data where: (a) Such use is necessary to execute the specific transaction requested by the consumer, (b) the use of personal data is clearly disclosed prior to the consumer entering into the transaction, and (c) the personal data is used only for the purpose of executing the specific transaction requested by the consumer and is not retained or otherwise used or disclosed for any other purpose."
On page 12, line 34, after "through" strike "(4)" and insert "(5)"
On page 17, line 4, after "(a)" strike all material through "purpose" on line 11 and insert "Such use is necessary to execute the specific transaction requested by the consumer, (b) the use of personal data is clearly disclosed prior to the consumer entering into the transaction, and (c) the personal data is used only for the purpose of executing the specific transaction requested by the consumer and is not retained or otherwise used or disclosed for any other purpose"
On page 17, line 13, after "process" strike "sensitive" and insert "personal"
On page 17, at the beginning of line 15, strike "sensitive" and insert "personal"
On page 20, beginning on line 7, after "(e)" strike all material through "(f)" on line 11
Reletter the remaining subsections consecutively and correct any internal references accordingly.
EFFECT: Provides a definition for "specific transaction requested by the consumer." Revises the right to opt out by providing consumers with the right to opt out of the processing of their personal data obtained prior to the effective date of this act. Removes the specific purposes for which a consumer may opt out. Provides a new right for a consumer to refuse to consent to the processing of their personal data gathered after the effective date of this act. Requires controllers and processors to authenticate requests to opt out. Revises the loyalty program provisions by specifying a controller may not sell personal data to a third-party controller as part of such a program unless the use is necessary to execute a transaction requested by the consumer, the use is disclosed to the consumer prior to entering in the transaction, and the personal data is only used for a specified purpose. Requires controllers to obtain consent to process personal data rather than sensitive data. Removes the exemption for providing a product requested by a consumer, perform a contract to which the consumer is a party, or take steps at the request of the consumer.
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