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

Regulator: The Vermont Attorney General ('AG')

Summary: The Act was signed into law on 5 March 2020 and took effect on 1 July 2020. The Act covers the data breach notification requirements of the State 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 the 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, among other things, provisions for the protection of student data and privacy.

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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.