Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0630 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	<BillNo> <Sponsor>
3	3
4	4	HOUSE BILL 630
5	5	By Clemmons
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7	7
8	8	HB0630
9	9	001991
10	10	- 1 -
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12	12	AN ACT to amend Tennessee Code Annotated, Title 47,
13	13	Chapter 18, relative to consumer data.
14	14
15	15	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
16	16	SECTION 1. Tennessee Code Annotated, Section 47-18-3304, is amended by adding
17	17	the following new subsection:
18	18	(d)
19	19	(1) A consumer may designate another person to serve as the
20	20	consumer's authorized agent and act on the consumer's behalf to opt out of the
21	21	processing of the consumer's personal data under subdivisions (a)(2)(E)(i)-(iii).
22	22	The consumer may designate an authorized agent using a technology, including
23	23	a link to an internet website, an internet browser setting or extension, or a global
24	24	setting on an electronic device, that allows the consumer to indicate the
25	25	consumer's intent to opt out of such processing.
26	26	(2) A controller shall comply with an opt-out request received from an
27	27	authorized agent under this subsection (d) if the controller is able to verify, with
28	28	commercially reasonable effort, the identity of the consumer and the authorized
29	29	agent's authority to act on the consumer's behalf.
30	30	(3) Opt-out methods must:
31	31	(A) Provide a clear and conspicuous link on the controller's
32	32	internet website to an internet web page that enables a consumer, or a
33	33	consumer's authorized agent, to opt out of the targeted advertising or sale
34	34	of the consumer's personal data; and
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36	36
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38	38
39	39	(B) On or before January 1, 2026, allow a consumer to opt out of
40	40	any processing of the consumer's personal data for the purposes of
41	41	targeted advertising, or any sale of such personal data through an opt-out
42	42	preference signal sent with the consumer's consent, to the controller by a
43	43	platform, technology, or mechanism that:
44	44	(i) Must not unfairly disadvantage another controller;
45	45	(ii) Must not make use of a default setting, but must
46	46	require the consumer to make an affirmative, freely given, and
47	47	unambiguous choice to indicate the consumer's intent to opt out of
48	48	any processing of a consumer's personal data;
49	49	(iii) Must be consumer-friendly and easy to use by the
50	50	average consumer;
51	51	(iv) Must be consistent with any federal or state law or
52	52	rule; and
53	53	(v) Must allow the controller to accurately determine
54	54	whether the consumer is a resident of this state and whether the
55	55	consumer has made a legitimate request to opt out of any sale of
56	56	a consumer's personal data or targeted advertising.
57	57	(4)
58	58	(A) If a consumer's decision to opt out of any processing of the
59	59	consumer's personal data for the purposes of targeted advertising, or any
60	60	sale of personal data, through an opt-out preference signal sent in
61	61	accordance with subdivision (d)(3) conflicts with the consumer's existing
62	62	controller-specific privacy setting or voluntary participation in a controller's
63	63	bona fide loyalty, rewards, premium features, discounts, or club card
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65	65
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68	68	program, then the controller shall comply with the consumer's opt-out
69	69	preference signal but may notify the consumer of the conflict and provide
70	70	the choice to confirm controller-specific privacy settings or participation in
71	71	such a program.
72	72	(B) If a controller responds to consumer opt-out requests received
73	73	in accordance with subdivision (d)(3) by informing the consumer of a
74	74	charge for the use of any product or service, then the controller shall
75	75	present the terms of any financial incentive offered pursuant to
76	76	subdivision (d)(3) for the retention, use, sale, or sharing of the consumer's
77	77	personal data.
78	78	SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.