The enactment of HB 3401 would significantly reshape state laws related to data privacy and consumer protections. It introduces an appeals process for consumers whose rights have been violated and mandates that certain contracts waiving rights are void. Additionally, this bill clarifies that a violation of its provisions is considered an unfair and deceptive trade practice, thereby affording consumers protections under the state's consumer protection laws. The bill also requires regular reporting from the Attorney General's office on its enforcement actions, thereby increasing transparency in data handling practices.
Summary
House Bill 3401, titled 'Technology Transparency', aims to amend the South Carolina Code of Laws by introducing a new chapter focused on consumer rights regarding personal data. The bill establishes strict guidelines for how governmental entities can interact with social media platforms and outlines the responsibilities of data controllers and processors concerning the collection, processing, and sale of personal data. This legislation seeks to empower consumers by ensuring they are informed of their rights and have a clear means to exercise them regarding their personal information.
Contention
Despite its objective of enhancing consumer rights, HB 3401 has faced criticism concerning potential overreach and implementation challenges. Critics argue that while protecting consumer data is paramount, the bill could impose an undue burden on businesses that handle personal data. Some stakeholders express concerns that governmental agencies might face restrictions that hamper their ability to utilize social media for legitimate communication and outreach purposes. The fine line between protecting consumer rights and maintaining effective operational capabilities for organizations may lead to substantial debate in legislative sessions.
Consumer rights provided regarding personal data, obligations placed on businesses regarding consumer data, and enforcement provided by the attorney general.
Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.