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What consumer protections and regulatory requirements does Senate Bill 541, the Maryland Online Data Privacy Act of 2024, establish?	SB 541 Department of Legislative Services Maryland General Assembly 2024 SessionFISCAL AND POLICY NOTE Enrolled - Revised Senate Bill 541 (Senator Gile, et al.) Finance Economic MattersMaryland Online Data Privacy Act of 2024This bill establishes numerous consumer protections and regulatory requirements related to online data	### Human: What consumer protections and regulatory requirements does Senate Bill 541, the Maryland Online Data Privacy Act of 2024, establish? ### Assistant: SB 541 Department of Legislative Services Maryland General Assembly 2024 SessionFISCAL AND POLICY NOTE Enrolled - Revised Senate Bill 541 (Senator Gile, et al.) Finance Economic MattersMaryland Online Data Privacy Act of 2024This bill establishes numerous consumer protections and regulatory requirements related to online data
What is the specific date from which certain requirements and obligations for a "controller" or "processor" are to be applied only prospectively, without affecting any personal data processing activities before that date?	Certain requirements and obligations for a “controller” or “processor” apply only prospectively and may not be applied or interpreted to have any effect on (or application to) any personal data processing activities before April 1, 2026	### Human: What is the specific date from which certain requirements and obligations for a "controller" or "processor" are to be applied only prospectively, without affecting any personal data processing activities before that date? ### Assistant: Certain requirements and obligations for a “controller” or “processor” apply only prospectively and may not be applied or interpreted to have any effect on (or application to) any personal data processing activities before April 1, 2026
What constitutes a violation of the Maryland Consumer Protection Act (MCPA) and what penalties are associated with such violations?	Violation of the bill is an unfair, abusive, or deceptive trade practice under the Maryland Consumer Protection Act (MCPA), subject to MCPA’s civil and criminal penalty provisions	### Human: What constitutes a violation of the Maryland Consumer Protection Act (MCPA) and what penalties are associated with such violations? ### Assistant: Violation of the bill is an unfair, abusive, or deceptive trade practice under the Maryland Consumer Protection Act (MCPA), subject to MCPA’s civil and criminal penalty provisions
What MCPA penalty provisions related to private causes of actions for damages are violators not subject to?	However, a violator is not subject to specified MCPA penalty provisions related to private causes of actions for damages	### Human: What MCPA penalty provisions related to private causes of actions for damages are violators not subject to? ### Assistant: However, a violator is not subject to specified MCPA penalty provisions related to private causes of actions for damages
What is the significance of the severability clause in the bill?	The bill contains a severability clause	### Human: What is the significance of the severability clause in the bill? ### Assistant: The bill contains a severability clause
When does the bill take effect?	The bill takes effect October 1, 2025	### Human: When does the bill take effect? ### Assistant: The bill takes effect October 1, 2025
How will general fund expenditures for the Office of the Attorney General's Consumer Protection Division be impacted starting in FY 2026?	Fiscal SummaryState Effect:General fund expenditures likely increase, at least minimally, for the Office of the Attorney General (OAG), Consumer Protection Division beginning in FY 2026, as discussed below	### Human: How will general fund expenditures for the Office of the Attorney General's Consumer Protection Division be impacted starting in FY 2026? ### Assistant: Fiscal SummaryState Effect:General fund expenditures likely increase, at least minimally, for the Office of the Attorney General (OAG), Consumer Protection Division beginning in FY 2026, as discussed below
What is the anticipated impact of the bill's imposition of existing penalty provisions on State revenues?	The bill’s imposition of existing penalty provisions is not anticipated to have a material impact on State revenues	### Human: What is the anticipated impact of the bill's imposition of existing penalty provisions on State revenues? ### Assistant: The bill’s imposition of existing penalty provisions is not anticipated to have a material impact on State revenues
What is the material impact of the bill's imposition of existing penalty provisions on local government finances and operations?	Local Effect:The bill’s imposition of existing penalty provisions does not have a material impact on local government finances or operations	### Human: What is the material impact of the bill's imposition of existing penalty provisions on local government finances and operations? ### Assistant: Local Effect:The bill’s imposition of existing penalty provisions does not have a material impact on local government finances or operations
What impact does the Small Business Effect have on meaningful outcomes?	Small Business Effect:Meaningful	### Human: What impact does the Small Business Effect have on meaningful outcomes? ### Assistant: Small Business Effect:Meaningful
What terms related to online and biometric data privacy are defined in SB 541?	SB 541/ Page 2 AnalysisBill Summary: Definitions and ApplicabilityThe bill defines several terms related to online and biometric data privacy	### Human: What terms related to online and biometric data privacy are defined in SB 541? ### Assistant: SB 541/ Page 2 AnalysisBill Summary: Definitions and ApplicabilityThe bill defines several terms related to online and biometric data privacy
Who is considered a "controller" in regard to determining the purpose and means of processing personal data?	Notably, a “controller” is person that determines the purpose and means of processing personal data – either alone or jointly with others	### Human: Who is considered a "controller" in regard to determining the purpose and means of processing personal data? ### Assistant: Notably, a “controller” is person that determines the purpose and means of processing personal data – either alone or jointly with others
What role does a processor play in relation to personal data processing on behalf of a controller?	A “processor” is a person that processes personal data on behalf of a controller	### Human: What role does a processor play in relation to personal data processing on behalf of a controller? ### Assistant: A “processor” is a person that processes personal data on behalf of a controller
What specific types of data and entities are covered by the bill's requirements?	The bill specifies the types of data and entities to which its requirements apply	### Human: What specific types of data and entities are covered by the bill's requirements? ### Assistant: The bill specifies the types of data and entities to which its requirements apply
What criteria determine if a person is subject to the bill based on their business activities and the handling of consumers' personal data?	Specifically, the bill applies to a person that conducts business in the State or provides products or services that are targeted to residents of the State, and that during the preceding calendar year did any of the following:  controlled or processed the personal data of at least 35,000 consumers (excluding personal data controlled or processed solely for the purpose of completing a payment transaction); or  controlled or processed the personal data of at least 10,000 consumers and derived more than 20% of its gross revenue from the sale of personal data	### Human: What criteria determine if a person is subject to the bill based on their business activities and the handling of consumers' personal data? ### Assistant: Specifically, the bill applies to a person that conducts business in the State or provides products or services that are targeted to residents of the State, and that during the preceding calendar year did any of the following:  controlled or processed the personal data of at least 35,000 consumers (excluding personal data controlled or processed solely for the purpose of completing a payment transaction); or  controlled or processed the personal data of at least 10,000 consumers and derived more than 20% of its gross revenue from the sale of personal data
What types of entities are exempt from the requirements outlined in the bill?	The bill specifies several entities to which its requirements do not apply, including State and local agencies, courts, and certain types of businesses subject to related federal laws	### Human: What types of entities are exempt from the requirements outlined in the bill? ### Assistant: The bill specifies several entities to which its requirements do not apply, including State and local agencies, courts, and certain types of businesses subject to related federal laws
What types of data are exempt from the requirements of the bill mentioned in the content?	Additionally, certain data is also exempt from the bill’s requirements, including specified health and financial data	### Human: What types of data are exempt from the requirements of the bill mentioned in the content? ### Assistant: Additionally, certain data is also exempt from the bill’s requirements, including specified health and financial data
What rights does the bill outline for consumers to protect their personal data?	Consumer Rights and Controller ResponsibilitiesThe bill defines the rights a consumer may exercise to protect the consumer’s personal data, including, among other things, the right to require the deletion of personal data provided by (or obtained about) the consumer (unless retention of the personal data is required by law) and to opt out of the processing of personal data (e.g., targeted advertising)	### Human: What rights does the bill outline for consumers to protect their personal data? ### Assistant: Consumer Rights and Controller ResponsibilitiesThe bill defines the rights a consumer may exercise to protect the consumer’s personal data, including, among other things, the right to require the deletion of personal data provided by (or obtained about) the consumer (unless retention of the personal data is required by law) and to opt out of the processing of personal data (e.g., targeted advertising)
What are the key consumer protections established under the bill, and how do they aim to protect consumer rights regarding data control and processing?	The bill establishes a number of consumer protections, including:  requiring a controller of data to establish a secure and reliable method for a consumer to exercise a right;  establishing a timeframe and related requirements for a controller to respond to and/or comply with a request from a consumer;SB 541/ Page 3  requiring the controller to notify the consumer in a specified manner if the controller chooses not to take action on a request;  requiring a controller to provide a consumer, free of charge, with the information a consumer requests, subject to certain limitations; and  requiring a controller to establish a process that a consumer may use to appeal a controller decision	### Human: What are the key consumer protections established under the bill, and how do they aim to protect consumer rights regarding data control and processing? ### Assistant: The bill establishes a number of consumer protections, including:  requiring a controller of data to establish a secure and reliable method for a consumer to exercise a right;  establishing a timeframe and related requirements for a controller to respond to and/or comply with a request from a consumer;SB 541/ Page 3  requiring the controller to notify the consumer in a specified manner if the controller chooses not to take action on a request;  requiring a controller to provide a consumer, free of charge, with the information a consumer requests, subject to certain limitations; and  requiring a controller to establish a process that a consumer may use to appeal a controller decision
What are the specified limitations on the requirements for controllers and processors as outlined in the bill?	LimitationsThe bill specifies limitations on the requirements established for controllers and processors	### Human: What are the specified limitations on the requirements for controllers and processors as outlined in the bill? ### Assistant: LimitationsThe bill specifies limitations on the requirements established for controllers and processors
How does the bill allow a controller or processor to assist others with their obligations while ensuring compliance with relevant laws and maintaining system integrity and security?	Among other things, the bill may not be construed to prohibit a controller or processor from (1) complying with federal, State, or local laws or authorities; (2) preserving the integrity or security of a system; or (3) assisting another controller, processor, or third party with an obligation under the bill	### Human: How does the bill allow a controller or processor to assist others with their obligations while ensuring compliance with relevant laws and maintaining system integrity and security? ### Assistant: Among other things, the bill may not be construed to prohibit a controller or processor from (1) complying with federal, State, or local laws or authorities; (2) preserving the integrity or security of a system; or (3) assisting another controller, processor, or third party with an obligation under the bill
How do the bill's requirements impact a controller's or processor's ability to collect, use, or retain data for specific purposes like product recalls or internal operations?	Additionally, the bill’s requirements may not restrict a controller’s or processor’s ability to collect, use, or retain data for internal use to effectuate a product recall, identify and repair technical errors, or perform internal operations, as specified	### Human: How do the bill's requirements impact a controller's or processor's ability to collect, use, or retain data for specific purposes like product recalls or internal operations? ### Assistant: Additionally, the bill’s requirements may not restrict a controller’s or processor’s ability to collect, use, or retain data for internal use to effectuate a product recall, identify and repair technical errors, or perform internal operations, as specified
What individuals may exercise consumer rights directly on behalf of another individual according to the provided information?	Designation of Authorized AgentA consumer may designate an authorized agent to act on the consumer’s behalf to opt out of the consumer’s personal data processing, as specified, and certain individuals, such as the parent or legal guardian of a known child, may exercise the consumer rights directly on behalf of another individual	### Human: What individuals may exercise consumer rights directly on behalf of another individual according to the provided information? ### Assistant: Designation of Authorized AgentA consumer may designate an authorized agent to act on the consumer’s behalf to opt out of the consumer’s personal data processing, as specified, and certain individuals, such as the parent or legal guardian of a known child, may exercise the consumer rights directly on behalf of another individual
What specific rules, procedures, and prohibitions are established by the bill for controllers and processors?	Other Rules, Procedures, and ProhibitionsThe bill establishes numerous rules, procedures, and prohibitions related to controllers and processors	### Human: What specific rules, procedures, and prohibitions are established by the bill for controllers and processors? ### Assistant: Other Rules, Procedures, and ProhibitionsThe bill establishes numerous rules, procedures, and prohibitions related to controllers and processors
What are some key provisions outlined in the bill regarding the obligations and responsibilities of controllers in the processing of personal data?	For instance, the bill:  requires a controller to limit the collection of personal data to what is reasonably necessary and proportionate to provide or maintain a specific product or service requested by the consumer to whom the data pertains;  requires a controller to provide an effective mechanism for a consumer to revoke the consumer’s consent and to stop processing the data no later than 30 days after the receipt of the request;  prohibits discrimination against any consumer for exercising a right granted by the bill, as specified;  requires a controller to disclose specified information when it sells personal data to third parties or processes personal data for targeted advertising;SB 541/ Page 4  requires a controller to provide a consumer with a reasonably accessible, clear, and meaningful privacy notice that includes specified information about the controller’s data processing practices and information about how a consumer can exercise a right granted by the bill;  requires a controller and processor to enter into a contract that includes specified requirements if a controller uses a processor to process the personal data of consumers;  defines the responsibilities of both the controller and processor in the event that such a contract is entered into; and  establishes more stringent procedures and requirements for processing activities that present heightened risk of harm to a consumer (e.g., the processing of sensitive data)	### Human: What are some key provisions outlined in the bill regarding the obligations and responsibilities of controllers in the processing of personal data? ### Assistant: For instance, the bill:  requires a controller to limit the collection of personal data to what is reasonably necessary and proportionate to provide or maintain a specific product or service requested by the consumer to whom the data pertains;  requires a controller to provide an effective mechanism for a consumer to revoke the consumer’s consent and to stop processing the data no later than 30 days after the receipt of the request;  prohibits discrimination against any consumer for exercising a right granted by the bill, as specified;  requires a controller to disclose specified information when it sells personal data to third parties or processes personal data for targeted advertising;SB 541/ Page 4  requires a controller to provide a consumer with a reasonably accessible, clear, and meaningful privacy notice that includes specified information about the controller’s data processing practices and information about how a consumer can exercise a right granted by the bill;  requires a controller and processor to enter into a contract that includes specified requirements if a controller uses a processor to process the personal data of consumers;  defines the responsibilities of both the controller and processor in the event that such a contract is entered into; and  establishes more stringent procedures and requirements for processing activities that present heightened risk of harm to a consumer (e.g., the processing of sensitive data)
What is the purpose of the authorization granted to the OAG to require data controllers to provide data protection assessments for compliance with the bill's responsibilities?	The bill authorizes OAG to require a controller to make available a data protection assessment for compliance with the responsibilities established by the bill	### Human: What is the purpose of the authorization granted to the OAG to require data controllers to provide data protection assessments for compliance with the bill's responsibilities? ### Assistant: The bill authorizes OAG to require a controller to make available a data protection assessment for compliance with the responsibilities established by the bill
Is the assessment subject to disclosure requirements under the Maryland Public Information Act?	The assessment is confidential and exempt from disclosure requirements under the Maryland Public Information Act	### Human: Is the assessment subject to disclosure requirements under the Maryland Public Information Act? ### Assistant: The assessment is confidential and exempt from disclosure requirements under the Maryland Public Information Act
When must a data protection assessment be conducted according to the provisions mentioned?	A data protection assessment conducted under these provisions must apply to processing activities that occur on or after October 1, 2025, and is not required for processing activities that occur prior to that date	### Human: When must a data protection assessment be conducted according to the provisions mentioned? ### Assistant: A data protection assessment conducted under these provisions must apply to processing activities that occur on or after October 1, 2025, and is not required for processing activities that occur prior to that date
What procedures and requirements does the bill establish in relation to enforcement actions by the OAG?	The bill establishes procedures and requirements related to enforcement actions by OAG	### Human: What procedures and requirements does the bill establish in relation to enforcement actions by the OAG? ### Assistant: The bill establishes procedures and requirements related to enforcement actions by OAG
What action may the OAG take before initiating an enforcement action pursuant to the bill if a cure is deemed possible?	Specifically, before initiating an enforcement action pursuant to the bill, OAG may issue a notice of violation to the controller or the processor if OAG determines a cure is possible	### Human: What action may the OAG take before initiating an enforcement action pursuant to the bill if a cure is deemed possible? ### Assistant: Specifically, before initiating an enforcement action pursuant to the bill, OAG may issue a notice of violation to the controller or the processor if OAG determines a cure is possible
How much time must the controller or processor have to cure a violation after receiving a notice?	If such a notice is issued, the controller or processor must have at least 60 days to cure the violation after receipt of the notice	### Human: How much time must the controller or processor have to cure a violation after receiving a notice? ### Assistant: If such a notice is issued, the controller or processor must have at least 60 days to cure the violation after receipt of the notice
What happens if a violation is not cured within the required time period specified by OAG?	However, if the violation is not cured within the required time period (specified by OAG), then OAG may bring an enforcement action pursuant to the bill’s authorization	### Human: What happens if a violation is not cured within the required time period specified by OAG? ### Assistant: However, if the violation is not cured within the required time period (specified by OAG), then OAG may bring an enforcement action pursuant to the bill’s authorization
What factors may the OAG consider when determining whether to grant a controller or processor an opportunity to cure an alleged violation?	In determining whether to grant a controller or processor an opportunity to cure an alleged violation, OAG may consider specified factors (e.g., the number of violations, the size and complexity of the controller or processor, the likelihood of injury to the public, etc.)	### Human: What factors may the OAG consider when determining whether to grant a controller or processor an opportunity to cure an alleged violation? ### Assistant: In determining whether to grant a controller or processor an opportunity to cure an alleged violation, OAG may consider specified factors (e.g., the number of violations, the size and complexity of the controller or processor, the likelihood of injury to the public, etc.)
What is the cut-off date for alleged violations to be considered under the enforcement actions?	These provisions are applicable to enforcement actions for alleged violations that occur on or before April 1, 2027	### Human: What is the cut-off date for alleged violations to be considered under the enforcement actions? ### Assistant: These provisions are applicable to enforcement actions for alleged violations that occur on or before April 1, 2027
What criteria does the Maryland Personal Information Protection Act use to define "personal information" related to biometric data?	Current Law:The Maryland Personal Information Protection Act (MPIPA) defines “personal information” as, among other things, biometric data of an individual generated by automatic measurements of an individual’s biological characteristics such as a fingerprint, voice print, genetic print, retina or iris image, or other unique biological characteristic, that can be used to uniquely authenticate the individual’s identity when the individual accesses a system or account in combination with an individual’s first name or first initial and last name, when the name or data elements are not encrypted, redacted, or otherwise protected by another method that renders the information unreadable or unusable	### Human: What criteria does the Maryland Personal Information Protection Act use to define "personal information" related to biometric data? ### Assistant: Current Law:The Maryland Personal Information Protection Act (MPIPA) defines “personal information” as, among other things, biometric data of an individual generated by automatic measurements of an individual’s biological characteristics such as a fingerprint, voice print, genetic print, retina or iris image, or other unique biological characteristic, that can be used to uniquely authenticate the individual’s identity when the individual accesses a system or account in combination with an individual’s first name or first initial and last name, when the name or data elements are not encrypted, redacted, or otherwise protected by another method that renders the information unreadable or unusable
What specific duties does SB 541/Page 5 of MPIPA require businesses to fulfill in order to protect individuals' personal information?	SB 541/ Page 5 MPIPA imposes certain duties on a business to protect an individual’s personal information	### Human: What specific duties does SB 541/Page 5 of MPIPA require businesses to fulfill in order to protect individuals' personal information? ### Assistant: SB 541/ Page 5 MPIPA imposes certain duties on a business to protect an individual’s personal information
What security procedures and practices should a business implement to protect personal information from unauthorized access, use, modification, or disclosure?	A business in possession of personal information must implement and maintain reasonable security procedures and practices to protect the information from unauthorized access, use, modification, or disclosure	### Human: What security procedures and practices should a business implement to protect personal information from unauthorized access, use, modification, or disclosure? ### Assistant: A business in possession of personal information must implement and maintain reasonable security procedures and practices to protect the information from unauthorized access, use, modification, or disclosure
What steps must a business take in response to a data breach to determine the likelihood of personal information misuse?	If a data breach occurs, the business must conduct, in good faith, a reasonable and prompt investigation to determine the likelihood that personal information of the individual has been (or will be) misused	### Human: What steps must a business take in response to a data breach to determine the likelihood of personal information misuse? ### Assistant: If a data breach occurs, the business must conduct, in good faith, a reasonable and prompt investigation to determine the likelihood that personal information of the individual has been (or will be) misused
What is the timeframe within which the owner or licensee of computerized data must notify an affected individual if personal information is likely to have been misused?	If the business determines that personal information likely has been (or will be) misused, the owner or licensee of the computerized data must notify an affected individual as soon as practicable but not later than 45 days after the business discovers or is notified of the breach	### Human: What is the timeframe within which the owner or licensee of computerized data must notify an affected individual if personal information is likely to have been misused? ### Assistant: If the business determines that personal information likely has been (or will be) misused, the owner or licensee of the computerized data must notify an affected individual as soon as practicable but not later than 45 days after the business discovers or is notified of the breach
When must a business that only maintains personal data notify the owner or licensee of a breach?	For a business that only maintains personal data, the business must notify the owner or licensee of the breach as soon as practicable but not later than 10 days after the business discovers or is notified of the breach	### Human: When must a business that only maintains personal data notify the owner or licensee of a breach? ### Assistant: For a business that only maintains personal data, the business must notify the owner or licensee of the breach as soon as practicable but not later than 10 days after the business discovers or is notified of the breach