Some Raise Doubts About Vermont's Version of NJ Daniel's Law

The bill copies Daniel's Law in New Jersey (see 2503110077), which is currently under review by the 3rd U.S. Circuit Court of Appeals (see 2504040031). Many people are concerned about the private right of action included in the bill (see 2504160040).

"I have my doubts that it accomplishes what it sets out to do," Baruth said. "I think of it in my mind as kind of a wishful thinking bill: Wouldn't it be great if you could just erase this information from the internet? But I have a hard time believing that happens."

Zonay raised concerns about the private right of action. "This has the potential to significantly impact our courts with a large number of cases," he said. "If the goal is protection, and not some kind of battle with data brokers or a game of 'gotcha,' then potentially the attorney general's office would be able to maybe set something up to provide that protection ... instead of relying on the individual covered persons" to do it themselves.

But Matt Adkisson, founder of Atlas Data Privacy, said including a private right of action is the only way to make the law work. "Industries do not regulate themselves, never have," he said. "Attorney general offices do not have the resources to fight for every individual, covered person whose rights are violated. ... We have not experienced any successful, systemic, successful enforcement of privacy rights in the U.S. without a private right of action, which is just the ability for individuals to go to court and seek relief."

Vermont Assistant Attorney General Sarah Aceves also showed support for the bill, saying that data privacy is one of AG Charity Clark's priorities. "She long touted that our data belongs to us and we should have a right to control that data," Aceves said. "She often likes to say 'Our data, our choice.'"