Providing for consumer data privacy, for duties of controllers and for duties of processors; and imposing penalties.
The bill introduces significant changes to state law regarding consumer rights and data processing. It includes mandates for controllers to not only inform individuals about their data collection practices but also provide mechanisms for individuals to opt-out of certain types of data usage, like targeted advertising. Failing to comply with these requirements would lead to penalties enforced by the Attorney General, potentially altering the operational guidelines for businesses that process consumer data in Pennsylvania.
House Bill 78, referred to as the Consumer Data Privacy Act, aims to provide a comprehensive framework for consumer data protection in Pennsylvania. The bill delineates the responsibilities of entities (referred to as controllers and processors) that handle personal data, outlining the necessity for clear consumer consent and strict maintenance of privacy. The Act expects these entities to limit data collection to what is necessary and to process personal data transparently, all while ensuring the right of consumers to correct, delete, or access their personal data.
The sentiment surrounding HB 78 appears largely supportive among consumer advocacy groups, who view it as a substantial step toward protecting consumer rights in a digital age. However, there is notable concern from businesses regarding the compliance burden and potential restrictions on how they engage in digital marketing and data collection. A balance is sought between consumer protection and maintaining business competitiveness in the state.
Despite its potential benefits, HB 78 has faced contention primarily regarding the breadth of its provisions and the implications for businesses. Opponents argue that the stringent requirements for compliance may hinder economic activities, particularly for small businesses that may lack the resources for extensive data management. Furthermore, exemptions for government entities and certain nonprofit organizations have sparked debates over the level of accountability expected from different types of data handlers.