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Tennessee: Bill for Information Protection Act introduced to House

House Bill 1181 for the Tennessee Information Protection Act was introduced, on 31 January 2023, to the Tennessee House of Representatives and thereafter referred, on 7 February 2023, to the Banking & Consumer Affairs Subcommittee. In particular, the bill would cover businesses that hold data of more than 100,000 consumers and those holding data of more than 25,000 consumers while generating 50% gross revenue from data sales. Moreover, the bill would provide consumers with data subject rights, such as the right of access, rectification, deletion, data portability, and the right to opt out of the collection and use of personal data for targeted advertising.

In addition, the bill 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.

Finally, the bill is a companion to Senate Bill 0073, which has been introduced to the State Senate.

You can read the bill here and track its progress here.

UPDATE (9 March 2023)

Bill for Information Protection Act placed on the House Banking & Consumer Affairs Subcommittee Calendar

The bill was placed, on 7 March 2023, in the Banking & Consumer Affairs Subcommittee Calendar for a hearing scheduled on 14 March 2023.

You can read the bill here and track its progress here.

UPDATE (5 April 2023)

Bill for Information Protection Act recommended for passage by Committee

The bill was recommended for passage, on 4 April 2023, by the Commerce Committee and thereafter referred to the Calendar and Rules Committee, on the same date. In particular, the bill was recommended for passage, on 21 March 2023, by the Banking & Consumer Affairs Subcommittee, and thereafter referred to the Commerce Committee.

You can read the bill here and track its progress here.

UPDATE (11 April 2023)

Bill for Information Protection Act passed by House

The bill was passed with amendments, on 10 April 2023, by the House of Representatives with unanimous vote. 

You can read the bill here and track its progress here.

UPDATE (12 April 2023)

Bill for Information Protection Act passed first consideration in Senate

The bill passed, on 12 April 2023, its first consideration in the Tennessee Senate.

You can read the bill here and track its progress here.

UPDATE (24 April 2023)

Bill for Information Protection Act passes Senate

The bill passed, on 19 April 2023, the Tennessee Senate with a unanimous vote after being substituted, on the same date, for its companion Senate Bill 0073, and is now ready to be enrolled, and sent to the Governor for action.

You can read the bill here and track its progress here.

UPDATE (3 May 2023)

Bill for Information Protection Act signed by House Speaker

The bill, as substituted for its companion Senate Bill 0073, was enrolled, on 1 May 2023, and thereafter signed by the House Speaker on 2 May 2023. In particular, the substituted bill is now ready to be signed by the Senate Speaker and sent to the Governor for action.

You can read the substituted bill here and track its progress here.

UPDATE (11 May 2023)

Bill for Information Protection Act sent to Governor for action

The bill, as substituted for its companion Senate Bill 0073, was sent, on 5 May 2023, to the Tennessee Governor for action, having been signed by the Senate Speaker, on 3 May 2023.

You can read the substituted bill here and track its progress here.

UPDATE (12 May 2023)

Bill for Information Protection Act signed by Governor

The bill, as substituted for its companion Senate Bill 0073, was signed into law, on 11 May 2023, by the Tennessee Governor and will enter into effect on 1 July 2025. In particular, the Act will apply to persons that conduct business in Tennessee or produce products or services that are targeted to residents of Tennessee, and that exceed $25 million in revenue and meet one of the following criteria:

  • control or process personal information of at least 175,000 consumers; or
  • control or process personal information of at least 25,000 consumers and derive more than 50% of gross revenue from the sale of personal information.

Moreover, the Act establishes that a controller or processor that complies with a privacy program that reasonably conforms to the National Institute of Standards of Technology ('NIST') or other documented policies, standards, and procedures designed to safeguard consumer privacy, has an affirmative defence to a cause of action for a violation of the Act. In this regard, the Act provides that the Tennessee Attorney General has exclusive authority to bring actions for an alleged violation of the Act.

The finalised text of the Act is not publicly available yet.

You can view the Act's history here.

Update: May 25, 2023

Act published by Secretary of State

The Act was published, on May 24, 2023, and assigned Public Chapter Number 408, by the Secretary of State.

You can read the Act here.