Michigan Senate Bill SB0888

Michigan 2023-2024 Regular Session

• Introduced: 5/30/24
• Refer: 5/30/24
• Report Pass: 12/12/24
• Refer: 12/12/24
• Engrossed: 12/13/24
• Engrossed: 12/12/24

Caption

Consumer protection: identity theft; identity theft protection act; modify. Amends secs. 3, 12 & 12b of 2004 PA 452 (MCL 445.63 et seq.); adds secs. 11a, 11b, 20, 20a, 20b & 20c & repeals secs. 15 & 17 of 2004 PA 452 (MCL 445.75 & 445.77).

Impact

The amended sections are poised to strengthen consumer protection laws within the state of Michigan by enhancing the obligations of entities that handle sensitive personal information. This includes a defined process for responding to breaches and ensuring that individuals are informed promptly, thereby mitigating potential harm from identity theft incidents. Moreover, the bill repeals certain outdated provisions, modernizing the state's approach to data protection in light of evolving technological landscapes and threats.

Summary

Senate Bill 0888 seeks to amend the existing Identity Theft Protection Act established in 2004 (2004 PA 452) by updating several sections that deal with the management and notification protocols related to data breaches. The bill introduces new provisions that require individuals or agencies that experience a security breach to notify affected residents in a timely manner and implement appropriate safeguards to protect personal information. Additionally, it establishes penalties for non-compliance, creating a more structured approach to managing identity theft risks in the state.

Sentiment

The sentiment surrounding SB 0888 appears to be generally positive, with bipartisan support likely stemming from the collective recognition of the need for stronger consumer protections in the digital age. Industry stakeholders, however, may express concerns regarding the potential compliance costs and operational impacts of the proposed changes. The consensus underscores a commitment to safeguarding personal information while balancing the needs of businesses managing this data.

Contention

Notable points of contention may arise around the bill's provisions for penalties and liabilities, particularly how stringent these measures will be enforced against non-compliant entities. There could be discussions on whether the penalties are sufficient to deter negligence or if they disproportionately burden smaller businesses compared to larger corporations. The conversation may also touch upon the balance between consumer rights and the practicalities of compliance for businesses engaged in data collection.