N.M. Privacy Bill Would Let Consumers Sue Websites
A New Mexico privacy bill would target websites that collect personal data from consumers for targeted advertising of data brokering. Rep. Pamelya Herndon (D) introduced the Internet Privacy & Safety Act (HB-307) on Wednesday.
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Under the legislation, companies would “configure all default privacy settings” to “the highest level of privacy,” disclose “privacy information, terms of service, policies and community standards in a prominent, precise manner and use clear, easily understood language,” offer “prominent, accessible and responsive tools to help a consumer exercise the consumer's privacy rights and report concerns” and “establish, implement and maintain reasonable administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of personal data appropriate to the volume and nature of the personal data at issue pursuant to guidelines” set by a New Mexico DOJ rulemaking.
Consumers would get rights to access their information and learn how it was obtained and to whom it has been or will be disclosed, including the names and types of those third parties. Also, consumers could obtain the data in a portable format, opt out of collection and correct or delete data.
“A consumer who claims to have suffered a deprivation of the rights secured under that act may maintain an action to establish liability and recover damages or equitable or injunctive relief in district court,” says the bill’s private right of action.