<BillNo> <Sponsor>
HOUSE BILL 630
By Clemmons
HB0630
001991
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AN ACT to amend Tennessee Code Annotated, Title 47,
Chapter 18, relative to consumer data.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 47-18-3304, is amended by adding
the following new subsection:
(d)
(1) A consumer may designate another person to serve as the
consumer's authorized agent and act on the consumer's behalf to opt out of the
processing of the consumer's personal data under subdivisions (a)(2)(E)(i)-(iii).
The consumer may designate an authorized agent using a technology, including
a link to an internet website, an internet browser setting or extension, or a global
setting on an electronic device, that allows the consumer to indicate the
consumer's intent to opt out of such processing.
(2) A controller shall comply with an opt-out request received from an
authorized agent under this subsection (d) if the controller is able to verify, with
commercially reasonable effort, the identity of the consumer and the authorized
agent's authority to act on the consumer's behalf.
(3) Opt-out methods must:
(A) Provide a clear and conspicuous link on the controller's
internet website to an internet web page that enables a consumer, or a
consumer's authorized agent, to opt out of the targeted advertising or sale
of the consumer's personal data; and
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(B) On or before January 1, 2026, allow a consumer to opt out of
any processing of the consumer's personal data for the purposes of
targeted advertising, or any sale of such personal data through an opt-out
preference signal sent with the consumer's consent, to the controller by a
platform, technology, or mechanism that:
(i) Must not unfairly disadvantage another controller;
(ii) Must not make use of a default setting, but must
require the consumer to make an affirmative, freely given, and
unambiguous choice to indicate the consumer's intent to opt out of
any processing of a consumer's personal data;
(iii) Must be consumer-friendly and easy to use by the
average consumer;
(iv) Must be consistent with any federal or state law or
rule; and
(v) Must allow the controller to accurately determine
whether the consumer is a resident of this state and whether the
consumer has made a legitimate request to opt out of any sale of
a consumer's personal data or targeted advertising.
(4)
(A) If a consumer's decision to opt out of any processing of the
consumer's personal data for the purposes of targeted advertising, or any
sale of personal data, through an opt-out preference signal sent in
accordance with subdivision (d)(3) conflicts with the consumer's existing
controller-specific privacy setting or voluntary participation in a controller's
bona fide loyalty, rewards, premium features, discounts, or club card
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program, then the controller shall comply with the consumer's opt-out
preference signal but may notify the consumer of the conflict and provide
the choice to confirm controller-specific privacy settings or participation in
such a program.
(B) If a controller responds to consumer opt-out requests received
in accordance with subdivision (d)(3) by informing the consumer of a
charge for the use of any product or service, then the controller shall
present the terms of any financial incentive offered pursuant to
subdivision (d)(3) for the retention, use, sale, or sharing of the consumer's
personal data.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.