CFHLA believes that customers deserve to have control over their personal information. However, any regulations upon individual companies should not be unreasonable, as the cost of compliance could be significant for small and medium-sized businesses. Additionally, businesses must be given an adequate opportunity to correct any errors and respond to complaints without the threat of costly litigation.
While CFHLA opposed SB 262 by Rules, Commerce and Tourism, and Senator Bradley (along with its companion bill, HB 1547 by Regulatory Reform & Economic Development Subcommittee and Representative McFarland), the Legislature passed legislation which now prohibits a tracking entity from collecting a consumer’s tracking information without the consumer’s consent, or from collecting a consumer’s tracking information while the collecting technology is not in active use by the consumer without the consumer’s consent for continued collection. It also prohibits an online platform that provides an online service, product, game, or feature likely to be predominantly accessed by children from processing or collecting the personal information of children in particular ways. However, the bill does not include a private cause of action, does not apply to the processing of personal data solely for measuring or reporting advertising, performance, reach, or frequency and clarifies the provisions relating to the opt out of the collection of precise geolocation amendment data, and collection of personal data collected through the operation of a voice recognition feature.
