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Michigan: Personal data privacy bill introduced to State Senate

Senate Bill ('SB') 1182 for a Personal Data Privacy Act was introduced, on 27 September 2022, to the Michigan Senate. In particular, SB 1182 would would cover businesses that hold data on more than 100,000 consumers and on those holding data on more than 25,000 consumers while generating 50% gross revenue from data sales. Moreover, SB 1182 would provide consumers with some data subjects' rights, such as the right of access, rectification, deletion, and the right to opt out of the collection and use of personal data for targeted advertising, for the sale of personal data and for profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. In addition, SB 1182 would require controllers to provide consumers with a reasonably accessible and clear privacy notice that includes, among other things:

  • the categories of personal data processed by the controller;
  • the purposes for which the categories of personal data are processed;
  • how and where consumers may exercise their rights; and
  • the categories of personal data that the controller shares with third parties.

Notably, SB 1182 would mandate data brokers to sing up in a registry with the Attorney General ('AG'), would provide a 30-day right to cure noticed violations, and would establish a private right of action. Lastly, SB 1182 would allow the AG's office to take enforcement action and impose penalties.

You can read SB 1182 here and track its progress here.