| 1 | 1 | | 23 LC 51 0315 |
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| 2 | 2 | | H. B. 798 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 798 |
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| 5 | 5 | | By: Representative Carpenter of the 4 |
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| 6 | 6 | | th |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling |
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| 11 | 11 | | 1 |
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| 12 | 12 | | and other trade practices, so as to prohibit a manufacturer of consumer electronic devices2 |
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| 13 | 13 | | from allowing consumers to opt out of certain data collection by third parties unless the3 |
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| 14 | 14 | | consumer can opt of the same data collection by the manufacturer; to provide for a short title;4 |
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| 15 | 15 | | to provide for definitions; to provide for enforcement, limitations, exclusions, construction,5 |
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| 16 | 16 | | and applicability; to provide for related matters; to repeal conflicting laws; and for other6 |
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| 17 | 17 | | purposes.7 |
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| 18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 19 | 19 | | SECTION 1.9 |
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| 20 | 20 | | Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other10 |
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| 21 | 21 | | trade practices, is amended by adding a new article to read as follows:11 |
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| 22 | 22 | | "ARTICLE 37 |
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| 23 | 23 | | 12 |
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| 24 | 24 | | 10-1-950.13 |
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| 25 | 25 | | This article shall be known and may be cited as the 'Georgia Data Privacy Act.'14 23 LC 51 0315 |
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| 26 | 26 | | H. B. 798 |
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| 27 | 27 | | - 2 - |
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| 28 | 28 | | 10-1-951.15 |
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| 29 | 29 | | As used in this article, the term:16 |
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| 30 | 30 | | (1) 'Consumer' means a person that owns consumer electronic device purchased or used17 |
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| 31 | 31 | | in this state. Such term shall include ownership of a consumer electronic device18 |
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| 32 | 32 | | purchased under a financing or periodic payment plan.19 |
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| 33 | 33 | | (2) 'Consumer electronic device' means a device that may be purchased by a member of20 |
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| 34 | 34 | | the general public, and can be configured to store 1 gigabyte of data or more.21 |
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| 35 | 35 | | (3) 'Data' means transmitted or compiled information arising from the operation of a22 |
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| 36 | 36 | | consumer electronic device.23 |
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| 37 | 37 | | (4) 'Manufacturer of consumer electronic device' means any entity engaged in the24 |
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| 38 | 38 | | business of selling, leasing, or otherwise supplying new consumer electronic devices25 |
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| 39 | 39 | | manufactured by or on behalf of itself to any person.26 |
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| 40 | 40 | | (5) 'Third-party software developer' means a person that creates or develops a computer27 |
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| 41 | 41 | | program that is available for use on a consumer electronic device, and that is not affiliated28 |
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| 42 | 42 | | with the manufacturer of the consumer electronic device, except as is necessary to29 |
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| 43 | 43 | | integrate the computer program onto the consumer electronic device.30 |
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| 44 | 44 | | (6) 'Person' means an individual, partnership, corporation, company, or association.31 |
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| 45 | 45 | | (7) 'Trade secret' shall have the same meaning as provided in Code Section 10-1-761.32 |
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| 46 | 46 | | 10-1-952.33 |
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| 47 | 47 | | A manufacturer of consumer electronic devices that offers consumers the ability to opt out34 |
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| 48 | 48 | | of data collection or usage of such data by third-party software developers, shall not collect35 |
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| 49 | 49 | | or use any consumer data for the same purposes for which the third-party software36 |
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| 50 | 50 | | developer intended to collect or use such data, unless the manufacturer also offers the37 |
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| 51 | 51 | | consumer the ability to opt out of data collection or usage of such data by the manufacturer38 |
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| 52 | 52 | | of consumer electronic devices for such purpose.39 23 LC 51 0315 |
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| 53 | 53 | | H. B. 798 |
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| 54 | 54 | | - 3 - |
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| 55 | 55 | | 10-1-953.40 |
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| 56 | 56 | | A violation of this article constitutes an unfair or deceptive practice in consumer41 |
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| 57 | 57 | | transactions within the meaning of Part 2 of Article 15 of this chapter, the 'Fair Business42 |
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| 58 | 58 | | Practices Act of 1975.' All remedies, penalties, and authority granted to the Attorney43 |
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| 59 | 59 | | General by such part shall be available for the enforcement of this article.44 |
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| 60 | 60 | | 10-1-954.45 |
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| 61 | 61 | | Nothing in this article shall be construed to require a manufacturer of consumer electronic46 |
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| 62 | 62 | | devices to:47 |
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| 63 | 63 | | (1) Divulge any trade secret or proprietary or confidential information; or48 |
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| 64 | 64 | | (2) Violate any federal, state, or local law or regulation.49 |
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| 65 | 65 | | 10-1-955.50 |
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| 66 | 66 | | This article shall apply to consumer electronic devices sold or in use on or after July 1,51 |
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| 67 | 67 | | 2023."52 |
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| 68 | 68 | | SECTION 2.53 |
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| 69 | 69 | | All laws and parts of laws in conflict with this Act are repealed.54 |
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