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Vermont

Summary

Law: Bill for An Act Relating to Data Privacy and Consumer Protection (S. 110) ('the Act')

Regulator: The Vermont Attorney General ('AG')

Summary: The An Act Relating to Data Privacy and Consumer Protection (S. 110) was signed into law on March 5, 2020, and came into effect on July 1, 2020. The Act covers the data breach notification requirements of Vermont and amends the Security Breach Notice Act under §2435 of Subchapter 2 of Chapter 62 of Title 9 of the Vermont Statutes. The Act highlights that notice of security breaches to consumers must include the type of personal information that was subject to such security breach, the acts of the data collector to protect the personal information from further security breaches, contact details that the consumer may call for further information and assistance, and the approximate date of the security breach. The Act also outlines provisions for the protection of student data and privacy.

Additionally, §§1881-1882 of Chapter 42B of Title 18 of the Vermont Annotated Statutes provides requirements related to health information and the financial sector is regulated by §§10201-10206 of Subchapter 2 of Chapter 200 of Title 8 of the Vermont Annotated Statutes (the Financial Privacy Act).

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Insights

On May 10, 2024, the Vermont Legislature passed House Bill 121 for an act relating to enhancing consumer privacy and the age-appropriate design code (the Bill), which was subsequently vetoed by the Governor of Vermont. Matt Borick, Director at Downs Rachlin Martin PLLC, provides an overview of the Bill and its contents, as well as its legislative history.

The Act Relating to Data Brokers and Consumer Protection (No. 171, 2018) ('the Data Broker Act'), located at §§2430-31, 2447, and 2466 of Title 9 of the Vermont Statutes Annotated, went into full effect on 1 January 2019. The Data Broker Act imposes specific registration, disclosure, and security requirements on data brokers. Additionally, the Data Broker Act prohibits any person or entity from fraudulently acquiring or using brokered personal information. Matthew S. Borick and Jennifer J. Drake, from Downs Rachlin Martin PLLC, discuss the Data Broker Act and its impact.