SF 262 — A bill for an act relating to consumer data protection, providing civil penalties, and including effective date provisions.
Last action — Signed by Governor.
-
✓Introduced
-
✓In Committee
-
✓Passed Senate
-
✓Passed House
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced February 13, 2023. Enacted.
Signed by Governor Kim Reynolds (Republican) on March 28, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
680 added · 707 removed680 line(s) added, 707 removed.
KMRENLDSSenate OFFICEFile OF262 THE- GOVERNOREnrolled AAMGEGGSenate GVENORFile TGVENOR262 Mach8,03AN TheooabePulaeACT SceayofttefowaRELATING SaeCptlTO Desons,owa019CONSUMER DarM.Sceay,DATA Ihrbyrnm:PROTECTION, PROVIDING CIVIL PENALTIES, AND INCLUDING EFFECTIVE DATE PROVISIONS.
Snteie6,ancteaigocnsmrdtartci,poidngvleate.
adicuigfetveaepvsos.
TeabveeaeFleseeyaprvdonhsae.
Sneey, Kim Gvenrofoa c:
ertryfteSnte lrkfteHuse TTECPTOL SMINS,OWA0191.851 FX557.57 WW.OERORIOA.OV r _•i'l1III 1 uunn..
Go..•s• ,-^• r - .lu,,.nuunuuww uuummuuum uuu u IWI C•7Lm"', w ,_•----_..-_-_-..-•_.._.....-z t • ny H ^ J • > allIIIII-'1111111111111I1• .il I1 1 kiV % -% % I'il/lil/•I 'S1 ii11 I I I'1 :I1 i1':1 :! t I ls I 1 V, :
•.•.
G ' E N F d R .
A SSF A N 1l I LA 01I!II tlI il llIIUI1 ;' :I I CA1 UC3!,1 7III 9IUI 11!! Senate File 262 AN ACT RELATING TO CONSUMER DATA PROTECTION, PROVIDING CIVIL PENALTIES, AND INCLUDING EFFECTIVE DATE PROVISIONS.
Section 11. .
Affiliate“Affiliate” - means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity.
For the purposes of this definition, -control“control” - or -controlled“controlled” means:
aa. .
2.Aggregate2. data - means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer.
3.Authenticate“Aggregate -data” means verifyinginformation throughthat reasonablerelates meansto that a consumer,group entitledor tocategory exerciseof theirconsumers, from which individual consumer rightsidentities inhave Senatebeen Fileremoved, 262,that pis .not linked or reasonably linkable to any consumer.
23. section 715D.3, i s the same consumer exercising such consumer rights with respect to the personal data at issue.
“Authenticate” means verifying through reasonable means that a consumer, entitled to exercise their consumer rights in Senate File 262, p.
2 section 715D.3, is the same consumer exercising such consumer rights with respect to the personal data at issue.
"Biometric“Biometric datadata” -meansmeans data generated by automatic measurements of an individual'sindividual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that iis s used to identify a specific individual.
-Biometric“Biometric datadata” does not include a physical or digital photograph, a video or audio recording or data generated therefrom, or information collected, used, or stored for health care treatment, paymentpayment, or operations under HIPAA.
"Child“Child” -meansmeans any natural person younger than thirteen years of age.
Consent“Consent” ~meansmeans a clear affirmative act signifying a consumer'sconsumer’s freely given, specific, informed, and unambiguous agreement to process personal data relating to the consumer.
-Consent-“Consent” may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.
"Consumer“Consumer” -meansmeans a natural person who iis s a resident of the state acting only iin n an individual or household context and excluding a natural person acting in a commercial or employment context.
"Controller“Controller” -meansmeans a person that, alone or jointly with others, determines the purpose and means of processing personal data.
~Covered“Covered entityentity” ~meansmeans the same as ~covered“covered entityentity” ~ defined by HIPAA.
-De-identified“De-identified datadata” - means data that cannot reasonably be linked to an identified or identifiable natural person.
-Fund“Fund” -meansmeans the consumer education and litigation fund established pursuant to section 714.16C.
"Health“Health care providerprovider” - means any of the following:
Health“Health care providerprovider” - does not include a continuing care retirement community or any nursing facility of a religious body which depends upon prayer alone for healing.
Health“Health Insurance Portabi1ityPortability and Accountabi1ityAccountability ActAct” or -HIPAA“HIPAA” -meansmeans the federal Health Insurance Portability and Accountability Act of 1996, Pub.
Health“Health recordrecord” means any written, printed, or electronically recorded material maintained by a health care provider in the course of providing health services to an individual concerning the individual and the services provided, including related health information provided in confidence to a health care provider.
Identified“Identified or identifiable natural personperson” - means a person who can be readily identified, directly or indirectly.
Institution“Institution of higher educationeducation” - means nonprofit private institutions of higher education and proprietary private institutions of higher education in the state, community colleges, and each associate-degree-granting and baccalaureate public institutions of higher education in the state.
Nonprofit“Nonprofit organizationorganization” - means any corporation organized under chapter 504, any organization exempt from taxation under sections 501(c)(3), 501(c)(6), or 501(c)(12) of the Internal Revenue Code, any organization exempt from taxation under section 501(c)(4) of the Internal Revenue Code that is established to detect or prevent insurance-related crime or fraud, and any subsidiaries and affiliates of entities organized pursuant to chapter 499.
Personal“Personal datadata” - means any information that is linked or reasonably linkable to an identified or identifiable natural person.
Personal“Personal datadata” - does not include de-identified or aggregate data or publicly available information.
'Precise“Precise geolocation datadata” - means information derived Senate File 262, pp. .
Precise“Precise geolocation data-data” does not include the content of communications, or any data generated by or connected to utility metering infrastructure systems or equipment for use by a utility.
Show all 108 changed lines (68 more)
Process“Process” - or processing“processing” - means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.
Processor'“Processor” means a person that processes personal data on behalf of a controller.
"Protected“Protected health informationinformation” - means the same as protected health information established by HIPAA.
-Pseudonymous“Pseudonymous datadata” - means personal data that cannot be attributed to a specific natural person without the use of additional information, provided that such additional information iis s kept separately and iis s subject to appropriate technical and organizational measures to ensure that the personal data iis s not attributed to an identified or identifiable natural person.
-Publicly“Publicly available informationinformation” - means information that is lawfully made available through federal, state, or local government records, or information that a business has reasonable basis to believe iis s lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.
-Sale“Sale of personal datadata” - means the exchange of personal data for monetary consideration by the controller to a third party.
Sale“Sale of personal datadata” - does not include:
The disclosure or transfer of personal data to a third party as an asset that is part of a proposed or actual merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller'scontroller’s assets.
Sensitive“Sensitive datadata” - means a category of personal data that includes the following:
State“State agencyagency” - means the same as defined in 129 IAC 10.2(8B).
Targeted“Targeted advertisingadvertising” - means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that consumer'sconsumer’s activities over time and across nonaffiliated websites or online applications to predict such consumer'sconsumer’s preferences or interests.
Targeted“Targeted advertisingadvertising” -doesdoes not include the following:
Advertisements based on activities within a controller'scontroller’s own or affiliated websites or online applications.
Advertisements based on the context of a consumer'sconsumer’s Senate File 262, p.
Advertisements directed to a consumer in response to the consumer'sconsumer’s request for information or feedback.
'Third“Third partyparty” - means a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an affiliate of the processor or the controller.
Trade“Trade secretsecret” - means information, including but not limited to a formula, pattern, compilation, program, device, method, technique, or process, that consists of the following:
V of the federal Gramm-Leach-Bliley Act of 1999, 15l5 U.S.C.
FF, , of the federal Health Insurance Portability and Accountability Act of 1996, Pub.
66, , 50, and 56.
1.l.
8 consumer'sconsumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency or furnisher that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act, 15 U.S.C.
Personal data collected, processed, sold, or disclosed in compliance with the federal Driver'sDriver’s Privacy Protection Act of 1994, 18 U.S.C.
(3) That is necessary to retain to administer benefits for another individual relating to the individual under subparagraph (1(1) ) and used for the purposes of administering those benefits.
Personal data used in accordance with the federal Children'sChildren’s Online Privacy Protection Act, 15 U.S.C.
§6501 —– 6506, and its rules, regulations, and exceptions thereto.
A consumer may invoke the consumer rights authorized pursuant to this section at any time by submitting a request to the controller, through the means specified by the controller pursuant to section 715D.4, subsection 66, , specifying the consumer rights the consumer wishes to invoke.
A known child'schild’s parent or legal guardian may invoke such consumer rights on behalf of the known child regarding processing personal data belonging to the child.
A controller shall comply with an authenticated consumer request to exercise all of the Senate File 262, pp. .
To confirm whether a controller is processing the consumer'sconsumer’s personal data and to access such personal data.
To obtain a copy of the consumer'sconsumer’s personal data, except as to personal data that is defined as personal“personal informationinformation” pursuant to section 715C.1 that is subject to security breach protection, that the consumer previously provided to the controller in a portable and, to the extent technically practicable, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
The response period may be extended once by forty-five additional days when reasonably necessary upon considering the complexity and number of the consumer'sconsumer’s requests by informing the consumer of any such extension within the initial ninety-day response period, together with the reason for the extension.
b,b. If a controller declines to take action regarding the consumer's request, the controller shall inform the consumer without undue delay of the justification for declining to take action, except in the case of a suspected fraudulent request, in which case the controller may state that the controller was unable to authenticate the request.
If a controller declines to take action regarding the consumer’s request, the controller shall inform the consumer without undue delay of the justification for declining to take action, except in the case of a suspected fraudulent request, in which case the controller may state that the controller was unable to authenticate the request.
If a controller is unable to authenticate a request using commercially reasonable efforts, the controller shall not be required to comply with a request to initiate an action under this section and may request that the consumer provide additional information reasonably necessary to authenticate the consumer and the consumer'sconsumer’s request.
A controller shall establish a process for a consumer to appeal the controller'scontroller’s refusal to take action on a request within a reasonable period of time after the consumer'sconsumer’s receipt of the decision pursuant to this section.
A controller shall not process sensitive data collected from a consumer for a nonexempt purpose without the consumer having been presented with clear notice and an opportunity to opt out of such processing, or, in the case of the processing of sensitive data concerning a known child, without processing such data in accordance with the federal Children'sChildren’s Online Privacy Protection Act, 15 U.S.C.
However, nothing in this chapter shall be construed to require a controller to provide a product or service that requires the personal data of a consumer that the controller does not collect or maintain or to prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised the consumer'sconsumer’s right to opt out pursuant to section 715D.3 or the offer is related to a consumer'sconsumer’s voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
How consumers may exercise their consumer rights pursuant to section 715D.3, including how a consumer may appeal a controller'scontroller’s decision with regard to the consumer'sconsumer’s request.
If a controller sells a consumer'sconsumer’s personal data to third parties or engages in targeted advertising, the controller shall clearly and conspicuously disclose such activity, as well as the manner in which a consumer may exercise the right to opt Senate File 262, p.
To fulfill the controller'scontroller’s obligation to respond to consumer rights requests pursuant to section 715D.3.
To meet the controller'scontroller’s obligations in relation to the security of processing the personal data and in relation to the notification of a security breach of the processor pursuant to section 715C.2.
A contract between a controller and a processor shall govern the processor'sprocessor’s data processing procedures with respect to processing performed on behalf of the controller.
At the controller'scontroller’s direction, delete or return all personal data to the controller as requested at the end of the provision of services, unless retention of the personal data is required by law.
Upon the reasonable request of the controller, make available to the controller all information in the processor'sprocessor’s possession necessary to demonstrate the processor'sprocessor’s compliance with the obligations in this chapter.
Nothing in this section shall be construed to relieve a controller or a processor from imposed liabilities by virtue of the controller or processor'sprocessor’s role in the processing relationship as defined by this chapter.
A processor that continues to adhere to a controller'scontroller’s instructions with respect to a specific processing of personal data remains a processor.
715D.6 Processing data ——— exemptions.
Senate File 262, pp. .
Consumer rights contained in sections 715D.3 and 715D.4 shall not apply to pseudonymous data in cases where the controller is able to demonstrate any information necessary to identify the consumer is kept separately and iis s subject to appropriate technical and organizational measures to ensure that the personal data iis s not attributed to an identified or identifiable natural person.
Controllers that disclose pseudonymous data oor r de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data iis s subject and shall take appropriate steps to address any breaches of those contractual commitments.
Nothing in this chapter shall be construed to restrict a controller'scontroller’s or processor'sprocessor’s ability to do the following:
Provide a product or service specifically requested by a consumer or parent or guardian of a child, perform a contract to which the consumer or parent or guardian of a child iis s a party, including fulfilling the terms of a written warranty, or take steps at the request of the consumer or parent or guardian of a child prior to entering into a contract.
Take immediate steps to protect an interest that iis s essential for the life or physical safety of the consumer or Senate File 262, p.
g,g. Prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity.
Prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity.
The obligations imposed on a controller or processor under this chapter shall not restrict a controller'scontroller’s or processor'sprocessor’s ability to collect, use, or retain data as follows:
To perform internal operations that are reasonably aligned with the expectations of the consumer or reasonably anticipated based on the consumer'sconsumer’s existing relationship with the controller or are otherwise compatible with processing data in furtherance of the provision of a product or service specifically requested by a consumer or parent or guardian of a child or the performance of a contract to which the consumer or Senate File 262, p.
Senate File 262, pp. .
If a controller processes personal data pursuant to an exemption in this section, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements in subsection 66. .
B.8.
715D.8 Enforcement ——— penalties.
Prior to initiating any action under this chapter, the attorney general shall provide a controller or processor ninety days"days’ written notice identifying the specific provisions of this chapter the attorney general alleges have been or are being violated.
This Act takes effect January 11, , 2025.
•______________________________ ______________________________ AMY SINCSINCLAIR 1•IR PAT GRASSLEY President of the Senate Speaker of tthe e House I hereby certify that this bill originated in the Senate and is known as Senate File 262, Ninetieth General Assembly.
PJ______________________________ .W.
CCHARLES kSMITHSON vSecretary lof wthe CSenate O-Approved ca_______________, W.2023 ______________________________ KIM REYNOLDS Governor
CHARLES SMITHSON Secretary of the Senate Approved , 2023 Governor
Show all 108 changed rows (68 more)
View plain text versions (3)
- Enrolled View text pdf
- Enrolled Signed Enrolled Bill (PDF) Current pdf
- Introduced View text pdf
Action History
-
Signed by Governor.
-
Reported correctly enrolled, signed by President and Speaker, and sent to Governor.
-
Message from House.
-
Immediate message.
-
Passed House, yeas 97, nays 0.
-
Substituted for HF 346.
-
Read first time, passed on file.
-
Message from Senate.
-
Immediate message.
-
Passed Senate, yeas 47, nays 0.
-
Committee report, approving bill.
-
Introduced, placed on calendar.
Sponsors
- COMMITTEE ON TECHNOLOGY · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 149 not signed on
Sponsors (1)
- COMMITTEE ON TECHNOLOGY
Co-sponsors (0)
None.
Not signed on (149)
149 members have not signed on to this bill.
Show all 149 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SF 262?
- SF 262 is sponsored by COMMITTEE ON TECHNOLOGY.
- What is the current status of SF 262?
- This bill has been enacted into law. Introduced February 13, 2023. Enacted.
- Where can I track SF 262?
- Track SF 262 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SF 262
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SF 262
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →