Individual state governments continue to propose and adopt legislation requiring businesses to ensure consumers’ privacy rights; however, some states are preparing faster than others. All companies in Michigan, Ohio, and Pennsylvania should be prepared for changes that could be coming their way. The three states have considered implementing bills similar to California’s strict law.
The California Consumer Privacy Act (CCPA) gives consumers more control over the personal information being collected about them. This law secured new privacy rights for California consumers, including:
- The right to know about the personal information collected and how it’s used and shared
- The right to remove or delete personal information
- The right to opt-out of the sale of their personal information
- The right to nondiscrimination when exercising CCPA rights
What This Means For Michigan, Ohio, & Pennsylvania
Should Michigan, Ohio, and Pennsylvania implement a law similar to the CCPA, it would require covered businesses to enforce policies and procedures that provide privacy rights to consumers. If you’re a business owner in one of these states, it is vital to understand the requirements, as they could impact your business.
Michigan
The Michigan legislature is considering the Consumer Privacy Act that would apply to for-profit entities conducting business in Michigan or producing products or services targeted at Michigan residents.
Should the Michigan legislature pass, it would provide consumers with the following rights:
- The right to access the personal data collected about an indiviual
- The right to request that a business is to correct any personal data about them that is inaccurate
- The right to opt-out of the processing of personal data for purposes of targeted advertising or profiling
- The right to obtain the personal data that they provided to the business in a portable and readily usable format
- The right to opt-out of the sale of the consumer’s data
Ohio
The Ohio Personal Privacy Act applies to certain for-profit entities in Ohio. This also includes producing products or services targeted to consumers within the state that has met specific requirements. In addition, this act would exclude specific organizations from its coverage, including state agencies, institutions by HIPAA, and more.
The act would provide consumers with the following rights:
- The right to access personal data collected about them
- The right to request the removal of personal data collected from a consumer for business purposes retained in electronic formats
- The right to opt-out of data being processed or transmitted
- The right to request your data must be provided electronically in a portable, easily usable format
- The right to opt-out of the sale of personal data of the consumer
Pennsylvania
The Pennsylvania legislature is considering three pieces of legislation: the Consumer Privacy Act and two bills called the Consumer Data Protection Act. The Consumer Privacy Act provides consumers the same rights as the Michigan Consumer Privacy Act.
The Consumer Data Act applies to for-profit entities that do business in Pennsylvania and meet specific limitations. This act is different from the Consumer Privacy Act as it does not include the right to correct misinformation, restrict the processing of personal data for targeted advertising or profiling, or obtain data in a portable format. In addition, the Consumer Data Act provides for a private right of action when a consumer whose non-encrypted or non-modified personal information is subject to unauthorized access and exclusion, theft or disclosure, to implement and maintain appropriate security procedures and practices resulting in a breach of the business of duty.
The act includes:
- The right to access personal data collected about them
- The right to request that the business remove any personal information it collected from the consumer
- The right to opt-out of the personal data of the consumer
What’s Next
No matter where your business operates, it’s vital to understand the ever-changing laws in each state. As states are beginning to implement similar laws to California, Ohio, Michigan, and Pennsylvania regarding privacy. As a business owner, staying on top of the evolving rules and regulations is essential. When you partner with GMS, you gain access to experts and resources that will help you do so. We partner with small businesses to take on the administrative burdens they don’t have time to handle. Stop worrying about the future and partner with GMS. Contact us today.