PRINTER'S NO. 1272
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1201
Session of
2023
INTRODUCED BY NEILSON, CIRESI, McNEILL, KHAN, SANCHEZ, KINSEY,
CEPEDA-FREYTIZ, PARKER, HILL-EVANS AND GALLOWAY, MAY 19, 2023
REFERRED TO COMMITTEE ON COMMERCE, MAY 19, 2023
AN ACT
Providing for consumer data privacy, for duties of controllers
and for duties of processors; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Consumer Data
Privacy Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Biometric data." Data generated by automatic measurements
of an individual's biological characteristics, including
fingerprints, voiceprints, eye retinas, irises or other unique
biological patterns or characteristics that are used to identify
a specific individual. The term does not include a digital or
physical photograph, an audio or video recording or any data
generated from a digital or physical photograph or an audio or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
video recording, unless the data is generated to identify a
specific individual.
"Business associate." As defined in 45 CFR 160.103 (relating
to definitions)
"Child." As defined in 15 U.S.C. § 6501 (relating to
definitions).
"Common branding." A shared name, servicemark or trademark.
"Consent." A clear affirmative act signifying a consumer's
freely given, specific, informed and unambiguous agreement to
allow the processing of personal data relating to the consumer.
The term includes a written statement, including by electronic
means, or any other unambiguous affirmative action specified in
this definition. The term does not include acceptance of general
or broad terms of use or a similar document that contains
descriptions of personal data processing along with other
unrelated information, hovering over, muting, pausing or closing
a given piece of content or an agreement obtained through the
use of dark patterns.
"Consumer." An individual who is a resident of this
Commonwealth. The term does not include an individual acting in
a commercial or employment context or as an employee, owner,
director, officer or contractor of a company, partnership, sole
proprietorship, nonprofit or government agency whose
communications or transactions with a controller occur solely
within the context of that individual's role with the company,
partnership, sole proprietorship, nonprofit or government
agency.
"Control." Any of the following:
(1) Ownership of or the power to vote on more than 50%
of the outstanding shares of any class of voting security of
20230HB1201PN1272 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
a controller.
(2) Control in any manner over the election of a
majority of the directors or over the individuals exercising
similar functions.
(3) The power to exercise a controlling influence over
the management of a company.
"Controller." As follows:
(1) A sole proprietorship, partnership, limited
liability company, corporation, association or other legal
entity that meets all of the following criteria:
(i) Is organized or operated for the profit or
financial benefit of its shareholders or other owners.
(ii) Collects consumers' personal information or on
behalf of which consumers' personal information is
collected and that, alone or jointly with others,
determines the purposes and means of the processing of
consumers' personal information.
(iii) Does business in this Commonwealth.
(iv) Satisfies any of the following thresholds:
(A) Has annual gross revenues in excess of
$10,000,000.
(B) Alone or in combination, annually buys or
receives, sells or shares for commercial purposes,
alone or in combination, the personal information of
at least 50,000 consumers, households or devices.
(C) Derives at least 50% of annual revenues from
selling consumers' personal information.
(2) An entity that controls a sole proprietorship,
partnership, limited liability company, corporation,
association or other legal entity under paragraph (1) and
20230HB1201PN1272 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shares common branding with the sole proprietorship,
partnership, limited liability company, corporation,
association or other legal entity.
"Covered entity." As defined in 45 CFR 160.103.
"Dark pattern." A user interface designed or manipulated
with the substantial effect of subverting or impairing user
autonomy, decision making or choice, including a practice the
Federal Trade Commission refers to as a dark pattern.
"Decisions that produce legal or similarly significant
effects concerning the consumer." Decisions made by a
controller that result in the provision or denial by the
controller of financial or lending services, housing, insurance,
education enrollment or opportunity, criminal justice,
employment opportunities, health care services or access to
essential goods or services.
"De-identified data." Data that cannot reasonably be used to
infer information about, or otherwise be linked to, an
identified or identifiable individual or a device linked to the
individual, if the controller that possesses the data complies
with the following criteria:
(1) Takes reasonable measures to ensure that the data
cannot be associated with an individual.
(2) Publicly commits to process the data only in a de-
identified fashion and not attempt to re-identify the data.
(3) Contractually obligates a recipient of the data to
satisfy the criteria specified under paragraphs (1) and (2).
"HIPAA." The Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191, 110 Stat. 1936).
"Identified or identifiable individual." An individual who
can be readily identified, directly or indirectly.
20230HB1201PN1272 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Institution of higher education." As defined in section
118(c) of the act of March 10, 1949 (P.L.30, No.14), known as
the Public School Code of 1949.
"Nonprofit organization." An organization that is exempt
from taxation under 26 U.S.C. § 501(c)(3), (4), (6) or (12)
(relating to exemption from tax on corporations, certain trusts,
etc.).
"Personal data." As follows:
(1) Information that identifies, relates to, describes,
is capable of being associated with or could reasonably be
linked, directly or indirectly, with a particular consumer or
household, including any of the following:
(i) An identifier, including a real name, alias,
postal address, unique personal identifier, online
identifier, including an Internet website protocol
address, email address or account name, Social Security
number, driver's license number, passport number or other
similar identifiers.
(ii) Characteristics of protected classifications
under Federal or State law.
(iii) Commercial information, including records of
personal property, products or services purchased,
obtained or considered or other purchasing or consuming
histories or tendencies.
(iv) Biometric data.
(v) Internet or other electronic network activity
information, including browser history, search history
and information regarding a consumer's interaction with
an Internet website, application or advertisement.
(vi) Precise geolocation data.
20230HB1201PN1272 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(vii) Audio, electronic, visual, thermal, olfactory
or similar information.
(viii) Professional or employment-related
information.
(ix) Education information that is not publicly
available personally identifiable information under 20
U.S.C. § 1232g (relating to family educational and
privacy rights).
(x) An inference drawn from any of the information
identified under this definition to create a profile
about a consumer reflecting the consumer's preferences,
characteristics, psychological trends, predispositions,
behaviors, attitudes, intelligence, abilities or
aptitudes.
(2) The term does not include publicly available
information.
"Precise geolocation data." Information derived from
technology, including global positioning system level latitude
and longitude coordinates or other mechanisms, that directly
identify the specific location of an individual with precision
and accuracy within a radius of 1,750 feet. The term does not
include the content of communications or any data generated by
or connected to advanced utility metering infrastructure systems
or equipment for use by a utility.
"Process" or "processing." Any operation or set of
operations performed, whether by manual or automated means, on
personal data or on sets of personal data, including the
collection, use, storage, disclosure, analysis, deletion or
modification of personal data.
"Processing activities that present a heightened risk of harm
20230HB1201PN1272 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to a consumer." The term includes any of the following:
(1) The processing of personal data for the purpose of
targeted advertising.
(2) The sale of personal data.
(3) The processing of personal data for the purpose of
profiling if the profiling presents a reasonably foreseeable
risk of any of the following:
(i) Unfair or deceptive treatment of, or an unlawful
disparate impact on, a consumer.
(ii) Financial, physical or reputational injury to a
consumer.
(iii) A physical or other intrusion upon the
solitude or seclusion of a consumer or the private
affairs or concerns of a consumer where the intrusion
would be offensive to a reasonable person.
(iv) Any other substantial injury to a consumer.
(4) The processing of sensitive data.
"Processor." An individual who, or legal entity that,
processes personal data on behalf of a controller.
"Profiling." Any form of automated processing performed on
personal data to evaluate, analyze or predict personal aspects
related to an identified or identifiable individual's economic
situation, health, personal preferences, interests, reliability,
behavior, location or movements.
"Protected health information." As defined in 45 CFR
160.103.
"Pseudonymous data." Personal data that cannot be attributed
to a specific individual without the use of additional
information if the additional information is kept separately and
is subject to appropriate technical and organizational measures
20230HB1201PN1272 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to ensure that the personal data is not attributed to an
identified or identifiable individual.
"Publicly available information." As follows:
(1) Information that is lawfully made available from
Federal, State or local government records as restricted by
any conditions associated with the information.
(2) The term does not include biometric data collected
by a controller about a consumer without the consumer's
knowledge or consumer information that is de-identified or
aggregate consumer information.
(3) For the purpose of this definition, information
shall not be considered publicly available if the data is
used for a purpose that is not compatible with the purpose
for which the data is maintained and made available in
Federal, State or local government records or for which the
data is publicly maintained.
"Sale of personal data." The exchange of personal data for
monetary or other valuable consideration by a controller to a
third party. The term does not include any of the following:
(1) The disclosure of personal data to a processor that
processes the personal data on behalf of the controller.
(2) The disclosure of personal data to a third party for
the purpose of providing a product or service requested by a
consumer.
(3) The disclosure or transfer of personal data to an
affiliate of the controller.
(4) The disclosure of personal data when a consumer
directs the controller to disclose the personal data or
intentionally uses the controller to interact with a third
party.
20230HB1201PN1272 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(5) The disclosure of personal data that a consumer:
(i) intentionally made available to the general
public via a channel of mass media; and
(ii) did not restrict to a specific audience.
(6) The disclosure or transfer of personal data to a
third party as an asset that is part of a merger,
acquisition, bankruptcy or other transaction or a proposed
merger, acquisition, bankruptcy or other transaction, in
which the third party assumes control of all or part of the
controller's assets.
"Sensitive data." Personal data that includes data revealing
any of the following:
(1) A racial or ethnic origin.
(2) Religious beliefs.
(3) Mental or physical health condition or diagnosis.
(4) Sex life or sexual orientation.
(5) Citizenship or immigration status.
(6) The processing of genetic or biometric data for the
purpose of uniquely identifying an individual.
(7) Personal data collected from a known child.
(8) Precise geolocation data.
"Targeted advertising." Displaying advertisements to a
consumer if the advertisement is selected based on personal data
obtained or inferred from the consumer's activities over time
and across nonaffiliated Internet websites or online
applications to predict the consumer's preferences or interests.
The term does not include any of the following:
(1) Advertisements based on activities within a
controller's own Internet websites or online applications.
(2) Advertisements based on the context of a consumer's
20230HB1201PN1272 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
current search query, visit to an Internet website or online
application.
(3) Advertisements directed to a consumer in response to
the consumer's request for information or feedback.
(4) Processing personal data solely to measure or report
advertising frequency, performance or reach.
"Third party." An individual or legal entity, including a
public authority, agency or body, other than a consumer,
controller or processor or an affiliate of the processor or the
controller.
Section 3. Consumer data privacy.
(a) Rights of consumers.--A consumer shall have the right to
do the following:
(1) Confirm whether or not a controller is processing or
accessing the consumer's personal data.
(2) Correct inaccuracies in the consumer's personal
data, taking into account the nature of the personal data and
the purposes of the processing of the consumer's personal
data.
(3) Delete personal data provided by or obtained about
the consumer.
(4) Obtain a copy of the consumer's personal data
processed by a controller in a portable and, to the extent
technically feasible, readily usable format that allows the
consumer to transmit the data to another controller without
hindrance, where the processing is carried out by automated
means.
(5) Opt out of the processing of the consumer's personal
data for the purpose of any of the following:
(i) Targeted advertising.
20230HB1201PN1272 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(ii) The sale of personal data, except as provided
under section 5(b).
(iii) Profiling in furtherance of solely automated
decisions that produce legal or similarly significant
effects concerning the consumer.
(b) Exercise of rights.--A consumer may exercise the rights
under subsection (a) by a secure and reliable means established
by a controller and described to the consumer in the
controller's privacy notice. A consumer may designate an
authorized agent in accordance with section 4 to exercise the
consumer's right under subsection (a)(5) to opt out of the
processing of the consumer's personal data on behalf of the
consumer. For processing personal data of a known child, the
parent or legal guardian may exercise the consumer's rights
under subsection (a) on the child's behalf. For processing
personal data concerning a consumer subject to a guardianship,
conservatorship or other protective arrangement, the guardian or
the conservator of the consumer may exercise the consumer's
rights under subsection (a) on the consumer's behalf.
(c) Compliance.--Except as otherwise provided in this act, a
controller shall comply with a request by a consumer to exercise
the consumer's rights under subsection (a) as follows:
(1) The controller shall respond to the consumer without
undue delay, but no later than 45 days after receipt of the
request. The controller may extend the response period under
this paragraph by an additional 45 days when reasonably
necessary, considering the complexity and number of the
consumer's requests, if the controller informs the consumer
of the extension within the initial 45-day response period
and the reason for the extension.
20230HB1201PN1272 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) If the controller declines to take action regarding
the consumer's request, the controller shall inform the
consumer without undue delay, but no later than 45 days after
receipt of the request, of the justification for declining to
take action and instructions for how to appeal the decision.
(3) Information provided in response to consumer
requests shall be provided by the controller, free of charge,
once per consumer during a 12-month period. If a request from
a consumer is manifestly unfounded, excessive or repetitive,
the controller may charge the consumer a reasonable fee to
cover the administrative costs of complying with the request
or decline to act on the request. The controller bears the
burden of demonstrating the manifestly unfounded, excessive
or repetitive nature of the request.
(4) If a controller is unable to authenticate a request
to exercise a right afforded under subsection (a)(1), (2),
(3) or (4) using commercially reasonable efforts, the
controller shall not be required to comply with a request
under this subsection and shall provide notice to the
consumer that the controller is unable to authenticate the
request to exercise the right until the consumer provides
additional information reasonably necessary to authenticate
the consumer and the consumer's request to exercise the
right. A controller shall not be required to authenticate an
opt-out request under subsection (a)(5), but the controller
may deny an opt-out request if the controller has a good
faith, reasonable and documented belief that the request is
fraudulent. If a controller denies an opt-out request under
subsection (a)(5) because the controller believes the request
is fraudulent, the controller shall send a notice to the
20230HB1201PN1272 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
person who made the request disclosing that the controller
believes the request is fraudulent, why the controller
believes the request is fraudulent and that the controller
will not comply with the request.
(5) A controller that has obtained personal data about a
consumer from a source other than the consumer shall be
deemed in compliance with a consumer's request to delete the
personal data in accordance with subsection (a)(3) by
retaining a record of the deletion request and the minimum
data necessary for the purpose of ensuring that the
consumer's personal data remains deleted from the
controller's records and not using such retained data for any
other purpose in accordance with the provisions of this act.
(d) Appeals.--A controller shall establish a process for a
consumer to appeal the controller's refusal to take action on a
request by a consumer to exercise the consumer's rights under
subsection (a) within a reasonable period of time after the
consumer's receipt of the decision under subsection (c)(2). The
appeal process shall be conspicuously available and similar to
the process for submitting requests to initiate an action under
subsection (b). No later than 60 days after receipt of an
appeal, the controller shall inform the consumer in writing of
an action taken or not taken in response to the appeal,
including a written explanation of the reason for the decision.
If the appeal is denied, the controller shall also provide the
consumer with an online mechanism, if available, or other method
through which the consumer may contact the Attorney General to
submit a complaint.
Section 4. Designation of authorized agent.
A consumer may designate another person to serve as the
20230HB1201PN1272 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
consumer's authorized agent and act on the consumer's behalf to
opt out of the processing of the consumer's personal data for
the purposes specified under section 3(a)(5). A controller shall
comply with an opt-out request received from an authorized agent
under section 3(a)(5) 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.
Section 5. Duties of controllers.
(a) Duties.--A controller shall have all of the following
duties:
(1) Limit the collection of personal data to what is
adequate, relevant and reasonably necessary in relation to
the purposes for which the data is processed, as disclosed to
the consumer.
(2) Except as otherwise provided in this act, refrain
from processing personal data for purposes that are neither
reasonably necessary to, nor compatible with, the disclosed
purposes for which the personal data is processed, as
disclosed to the consumer, unless the controller obtains the
consumer's consent.
(3) 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.
(4) Refrain from processing sensitive data concerning a
consumer without obtaining the consumer's consent or, in the
case of the processing of sensitive data concerning a known
child, without processing the data, in accordance with 15
20230HB1201PN1272 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
U.S.C. Ch. 91 (relating to children's online privacy
protection).
(5) Refrain from processing personal data in violation
of a Federal or State law that prohibits unlawful
discrimination against a consumer.
(6) Provide an effective mechanism for a consumer to
revoke the consumer's consent that is at least as easy as the
mechanism by which the consumer provided the consumer's
consent and, upon revocation of the consent, cease to process
the data as soon as practicable, but no later than 15 days
after the receipt of the request.
(7) Refrain from processing the personal data of a
consumer for the purpose of targeted advertising or selling
the consumer's personal data without the consumer's consent
under circumstances where the controller has actual knowledge
and willfully disregards that the consumer is younger than 16
years of age.
(8) Refrain from discriminating against a consumer for
exercising any of the consumer rights under section 3(a),
including denying goods or services, charging different
prices or rates for goods or services or providing a
different level of quality of goods or services to the
consumer.
(b) Construction.--Nothing in subsection (a) shall be
construed to require a controller to provide a product or
service that requires the personal data of a consumer that the
controller does not collect or maintain nor prohibit a
controller from offering a different price, rate, level, quality
or selection of goods or services to a consumer, including
offering goods or services for no fee, if the offering is in
20230HB1201PN1272 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
connection with a consumer's voluntary participation in a bona
fide loyalty, rewards, premium features, discounts or club card
program.
(c) Privacy notice.--A controller shall provide a consumer
with a reasonably accessible, clear and meaningful privacy
notice that includes all of the following:
(1) The categories of personal data processed by the
controller.
(2) The purpose for processing personal data.
(3) How the consumer may exercise the consumer's rights,
including how the consumer may appeal the controller's
decision with regard to the consumer's request under section
3(d).
(4) The categories of personal data that the controller
shares with each third party.
(5) The categories of each third party with which the
controller shares personal data.
(6) An active email address or other online mechanism
that the consumer may use to contact the controller.
(d) Disclosures.--If a controller sells personal data to a
third party or processes personal data for targeted advertising,
the controller shall clearly and conspicuously disclose the sale
or processing and the manner in which a consumer may exercise
the right to opt out of the sale or processing.
(e) Means to exercise rights.--
(1) A controller shall establish and describe in the
privacy notice under subsection (c) a secure and reliable
means for consumers to submit a request to exercise the
consumer's rights under section 3(a). The secure and reliable
means under this paragraph shall take into account the manner
20230HB1201PN1272 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
in which a consumer normally interacts with the controller,
the need for secure and reliable communication for the
request and the ability of the controller to verify the
identity of the consumer making the request. A controller may
not require a consumer to create a new account in order to
exercise the consumer's rights under section 3(a), but may
require the consumer to use an existing account. The secure
and reliable means shall include all of the following:
(i) Providing a clear and conspicuous link on the
controller's Internet website to an Internet web page
that enables a consumer, or an agent of the consumer, to
opt out of the targeted advertising or sale of the
consumer's personal data under section 3(a)(5).
(ii) No later than January 1, 2026, allowing a
consumer to opt out of the processing of the consumer's
personal data for the purpose of targeted advertising or
the sale of the consumer's personal data under section
3(a)(5) through an opt-out preference signal sent, with
the consumer's consent, by a platform, technology or
mechanism to the controller indicating the consumer's
intent to opt out of the processing or sale. The
platform, technology or mechanism shall comply with all
of the following criteria:
(A) Not unfairly disadvantage another
controller.
(B) Not make use of a default setting, but
instead require the consumer to make an affirmative,
freely given and unambiguous choice to opt out of the
processing or sale of the consumer's personal data.
(C) Be consumer friendly and easy to use by the
20230HB1201PN1272 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
average consumer.
(D) Be as consistent as possible with any other
similar platform, technology or mechanism required by
a Federal or State law or regulation.
(E) Enable the controller to accurately
determine whether the consumer is a resident of this
Commonwealth and whether the consumer has made a
legitimate request to opt out of processing or sale
of the consumer's personal data.
(iii) If a consumer's decision to opt out of the
processing of the consumer's personal data for the
purpose of targeted advertising or the sale of the
consumer's personal data under section 3(a)(5) through an
opt-out preference signal sent under subparagraph (ii)
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 program, the controller
shall comply with the consumer's opt-out preference
signal, but may notify the consumer of the conflict and
provide to the consumer the choice to confirm the
controller-specific privacy setting or participation in
the program.
(2) If a controller responds to a consumer's opt-out
request under paragraph (1)(i) by informing the consumer of a
charge for the use of a product or service, the controller
shall present the terms of a bona fide loyalty, rewards,
premium features, discounts or club card program for the
retention, use, sale or sharing of the consumer's personal
data.
20230HB1201PN1272 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 6. Duties of processors.
(a) Assistance.--A processor shall adhere to the
instructions of a controller and shall assist the controller in
complying with the controller's duties under this act. The
assistance shall include all of the following:
(1) Taking into account the nature of processing and the
information available to the processor, by appropriate
technical and organizational measures, insofar as is
reasonably practicable, to fulfill the controller's duty to
comply with a request by a consumer to exercise the
consumer's rights under section 3(a).
(2) Taking into account the nature of processing and the
information available to the processor, by assisting the
controller in meeting the controller's duties in relation to
the security of processing the personal data and in relation
to the notification of a breach of security of the system of
the processor.
(3) Providing necessary information to enable the
controller to conduct and document data protection
assessments.
(b) Contracts.--A contract between a controller and a
processor shall govern the processor's data processing
procedures with respect to processing performed on behalf of the
controller. The contract shall be binding and clearly state the
instructions for processing data, the nature and purpose of
processing, the type of data subject to processing, the duration
of processing and the rights and obligations of both parties.
The contract shall also require that the processor comply with
all of the following:
(1) Ensure that each person processing personal data is
20230HB1201PN1272 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
subject to a duty of confidentiality with respect to the
data.
(2) At the controller's direction, delete or return all
personal data to the controller as requested at the end of
the provision of services, unless retention of the personal
data is required by Federal or State law.
(3) Upon the reasonable request of the controller, make
available to the controller all information in the
processor's possession necessary to demonstrate the
processor's compliance with the provisions of this act.
(4) After providing the controller with an opportunity
to object, engage a subcontractor pursuant to a written
contract that requires the subcontractor to meet the
obligations of the processor with respect to the personal
data.
(5) Allow and cooperate with a reasonable assessment by
the controller or the controller's designated assessor, or
arrange for a qualified and independent assessor to conduct
an assessment of the processor's policies and technical and
organizational measures in support of the requirements under
this act, using an appropriate and accepted control standard
or framework and assessment procedure for the assessment. The
processor shall provide a report of the assessment to the
controller upon request.
(c) Construction.--Nothing in this section shall be
construed to relieve a controller or processor from the
liabilities imposed on the controller or processor by virtue of
the role of the controller or processor in the processing
relationship specified under this act.
(d) Acting as controller or processor.--A determination of
20230HB1201PN1272 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
whether a person is acting as a controller or processor with
respect to a specific processing of data shall be a fact-based
determination that depends upon the context in which personal
data is to be processed. The following shall apply:
(1) A person who is not limited in the person's
processing of personal data pursuant to a controller's
instructions or who fails to adhere to the instructions shall
be a controller and not a processor with respect to a
specific processing of data.
(2) A processor who continues to adhere to a
controller's instructions with respect to a specific
processing of personal data shall remain a processor.
(3) If a processor begins, alone or jointly with others,
determining the purposes and means of the processing of
personal data, the processor shall be a controller with
respect to the processing and may be subject to an
enforcement action under section 10.
Section 7. Data protection assessment.
(a) Assessment.--A controller shall conduct and document a
data protection assessment for each of the controller's
processing activities that present a heightened risk of harm to
a consumer.
(b) Benefits and risks.--In conducting a data protection
assessment under subsection (a), a controller shall identify and
weigh the benefits that may flow, directly and indirectly, from
the processing to the controller, the consumer, other
stakeholders and the public against the potential risks to the
consumer's rights under section 3(a) associated with the
processing, as mitigated by safeguards that can be employed by
the controller to reduce the risks. The controller shall factor
20230HB1201PN1272 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
all of the following into the data protection assessment:
(1) The use of de-identified data.
(2) The reasonable expectations of the consumer.
(3) The context of the processing and the relationship
between the controller and the consumer whose personal data
will be processed.
(c) Availability of assessments.--The Attorney General may
require a controller to disclose a data protection assessment
under subsection (a) that is relevant to an investigation
conducted by the Attorney General, and the controller shall make
the data protection assessment available to the Attorney
General. The Attorney General may evaluate a data protection
assessment for compliance with the provisions of this act. A
data protection assessment shall be confidential and exempt from
disclosure under 5 U.S.C. § 552 (relating to public information;
agency rules, opinions, orders, records, and proceedings) and
the act of February 14, 2008 (P.L.6, No.3), known as the Right-
to-Know Law. To the extent that information contained in a data
protection assessment disclosed to the Attorney General under
this subsection includes information subject to attorney-client
privilege or work product protection, the disclosure shall not
constitute a waiver of the privilege or protection.
(d) Comparison of processing operations.--A single data
protection assessment under subsection (a) may address a
comparable set of processing operations that include similar
activities.
(e) Compliance.--If a controller conducts a data protection
assessment for the purpose of complying with another applicable
Federal or State law or regulation, the data protection
assessment shall be deemed to satisfy the requirements under
20230HB1201PN1272 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
this section if the data protection assessment is reasonably
similar in scope and effect to the data protection assessment
that would otherwise be conducted under this section.
(f) Applicability.--The data protection assessment
requirements under this section shall apply to processing
activities created or generated after July 1, 2024, and shall
not apply retroactively.
Section 8. De-identified and pseudonymous data.
(a) Duties.--A controller in possession of de-identified
data shall have the following duties:
(1) Take reasonable measures to ensure that the de-
identified data cannot be associated with an individual.
(2) Publicly commit to maintaining and using de-
identified data without attempting to re-identify the data.
(3) Contractually obligate a recipient of the de-
identified data to comply with the provisions of this act.
(b) Construction.--Nothing in this act shall be construed to
require a controller or processor to:
(1) require a controller or processor to re-identify de-
identified data or pseudonymous data;
(2) maintain data in identifiable form or collect,
obtain, retain or access data or technology in order to be
capable of associating an authenticated consumer rights
request under section 3(a); or
(3) comply with an authenticated consumer rights request
under section 3(a) if the controller:
(i) is not reasonably capable of associating the
request with the personal data, or it would be
unreasonably burdensome for the controller to associate
the request with the consumer's personal data;
20230HB1201PN1272 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(ii) does not use the personal data to recognize or
respond to the specific consumer who is the subject of
the personal data or does not associate the personal data
with other personal data about the same specific
consumer; and
(iii) does not sell the personal data to a third
party or otherwise voluntarily disclose the personal data
to a third party other than a processor, except as
authorized under this section.
(c) Pseudonymous data.--The consumer rights specified under
section 3(a)(1), (2), (3) or (4) shall not apply to pseudonymous
data if a controller is able to demonstrate that any information
necessary to identify the consumer is kept separately and is
subject to effective technical and organizational controls that
prevent the controller from accessing the information.
(d) Oversight.--A controller that discloses pseudonymous
data or de-identified data shall exercise reasonable oversight
to monitor compliance with a contractual commitment to which the
pseudonymous data or de-identified data is subject and shall
take appropriate steps to address a breach of the contractual
commitment.
Section 9. Exemptions on restrictions for controllers or
processors.
(a) Legal compliance.--Nothing in this act shall be
construed to restrict the ability of a controller or processor
to:
(1) comply with Federal or State laws or local
ordinances or regulations;
(2) comply with a civil, criminal or regulatory inquiry,
investigation, subpoena or summons by a Federal, State,
20230HB1201PN1272 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
municipal or other governmental authority;
(3) cooperate with a law enforcement agency concerning a
conduct or activity that the controller or processor
reasonably and in good faith believes may violate a Federal
or State law or local ordinance or regulation;
(4) investigate, establish, exercise, prepare for or
defend legal claims;
(5) provide a product or service specifically requested
by a consumer;
(6) perform under a contract to which a consumer is a
party, including fulfilling the terms of a written warranty;
(7) take steps at the request of a consumer prior to
entering into a contract;
(8) take immediate steps to protect an interest that is
essential for the life or physical safety of a consumer or
another individual, including when processing cannot be
manifestly based on the provisions of this act;
(9) prevent, detect, protect against or respond to a
security incident, identity theft, fraud, harassment,
malicious or deceptive activity or illegal activity, preserve
the integrity or security of a system or investigate, report
or prosecute an individual responsible for an incident
specified under this paragraph;
(10) engage in public or peer-reviewed scientific or
statistical research in the public interest that adheres to
all other applicable Federal or State ethics and privacy laws
and is approved, monitored and governed by an institutional
review board or a similar independent oversight entity that
determines whether:
(i) the deletion of information is likely to provide
20230HB1201PN1272 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
substantial benefits to the research that do not
exclusively accrue to the controller;
(ii) the expected benefits of the research outweigh
the privacy risks; and
(iii) the controller has implemented reasonable
safeguards to mitigate privacy risks associated with the
research, including risks associated with re-
identification;
(11) assist another controller, processor or third party
with any of the requirements under this act; or
(12) process personal data for reasons of public
interest in the area of public health, community health or
population health, but solely to the extent that the
processing is:
(i) subject to suitable and specific measures to
safeguard the rights of the consumer whose personal data
is being processed; and
(ii) under the responsibility of a professional
subject to confidentiality obligations under Federal or
State law or local ordinance.
(b) Data collection.--The requirements imposed on a
controller or processor under this act shall not restrict the
ability of a controller or processor to collect, use or retain
data for internal use for any of the following purposes:
(1) Conducting internal research to develop, improve or
repair products, services or technology.
(2) Effectuating a product recall.
(3) Identifying and repairing technical errors that
impair existing or intended functionality.
(4) Internal operations that are reasonably aligned with
20230HB1201PN1272 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the expectations of a consumer or reasonably anticipated
based on the consumer's existing relationship with the
controller or are otherwise compatible with processing data
in furtherance of the provision of a product or service
specifically requested by a consumer.
(c) Evidentiary privilege.--The requirements imposed on a
controller or processor under this act shall not apply if
compliance by the controller or processor with requirements
would violate an evidentiary privilege under the laws of this
Commonwealth. Nothing in this act shall be construed to prevent
a controller or processor from providing personal data
concerning a consumer to an individual covered by an evidentiary
privilege under the laws of this Commonwealth as part of a
privileged communication.
(d) Third parties.--A controller or processor that discloses
personal data to a third-party controller or third-party
processor in accordance with this act shall not be deemed to
have violated the provisions of this act if the third-party
controller or third-party processor violates the provisions of
this act if, at the time of the disclosure, the disclosing
controller or processor did not have actual knowledge that the
third-party controller or third-party processor would violate
the provisions of this act. A third-party controller or third-
party processor who receives personal data under this subsection
in accordance with this act shall not be deemed to have violated
the provisions of this act for a violation by the disclosing
controller or processor.
(e) Individual liberties.--Nothing in this act shall be
construed to:
(1) impose an obligation on a controller or processor
20230HB1201PN1272 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
that adversely affects the rights or freedoms of an
individual, including the freedom of speech or freedom of the
press guaranteed in the First Amendment to the Constitution
of the United States or section 7 of Article I of the
Constitution of Pennsylvania; or
(2) apply to an individual's processing of personal data
in the course of the individual's purely personal or
household activities.
(f) Personal data.--
(1) Personal data processed by a controller may be
processed to the extent that the processing meets all of the
following criteria:
(i) Is reasonably necessary and proportionate to the
purposes specified under this section.
(ii) Is adequate, relevant and limited to what is
necessary in relation to the specific purposes specified
under this section.
(2) A controller or processor that collects, uses or
retains personal data under subsection (b) shall, when
applicable, take into account the nature and purpose of the
collection, use or retention of the personal data. The
personal data under subsection (b) shall be subject to
reasonable administrative, technical and physical measures to
protect the confidentiality, integrity and accessibility of
the personal data and reduce reasonably foreseeable risks of
harm to a consumer related to the collection, use or
retention of the personal data.
(g) Exemptions.--If a controller processes personal data in
accordance with an exemption under this section, the controller
shall be responsible for demonstrating that the processing
20230HB1201PN1272 - 28 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
qualifies for the exemption and complies with the requirements
under subsection (f).
(h) Legal entities.--The processing of personal data for the
purposes expressly specified under this section shall not solely
make a legal entity a controller with respect to the processing.
Section 10. Penalties, enforcement and private rights of
action.
(a) Enforcement.--The Attorney General shall have exclusive
authority to enforce the provisions of this act. The following
shall apply:
(1) During the period beginning July 1, 2024, and ending
December 31, 2025, the Attorney General shall, prior to
initiating an action for a violation of a provision of this
act, issue a notice of violation to the controller or
processor if the Attorney General determines that a cure is
possible. If the controller fails to cure the violation
within 60 days of receipt of the notice of violation, the
Attorney General may initiate an action under this section.
(2) Beginning January 1, 2026, the Attorney General may,
in determining whether to grant a controller or processor the
opportunity to cure an alleged violation under paragraph (1),
consider all of the following:
(i) The number of violations.
(ii) The size and complexity of the controller or
processor.
(iii) The nature and extent of the processing
activities of the controller or processor.
(iv) The substantial likelihood of injury to the
public.
(v) The safety of persons or property.
20230HB1201PN1272 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(vi) Whether the alleged violation was likely caused
by human or technical error.
(b) Private rights of action.--Nothing in this act shall be
construed as providing the basis for a private right of action
for a violation of the provisions of this act.
(c) Unfair trade practice.--Violations of the provisions of
this act shall constitute "unfair methods of competition" and
"unfair or deceptive acts or practices" under the act of
December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade
Practices and Consumer Protection Law, and shall be enforced
exclusively by the Attorney General.
(d) Guidance.--A controller or third party may seek the
opinion of the Attorney General for guidance on how to comply
with the provisions of this act.
(e) Regulations.--The Attorney General shall promulgate
regulations necessary to implement this section.
Section 11. Nonapplicability, exemption and consent.
(a) Nonapplicability.--This act shall not apply to any of
the following:
(1) The Commonwealth or any of its political
subdivisions.
(2) A nonprofit organization.
(3) An institution of higher education.
(4) A national securities association that is registered
under 15 U.S.C. § 78o-3 (relating to registered securities
associations).
(5) A financial institution or data subject to 15 U.S.C.
Ch. 94 (relating to privacy).
(6) A covered entity or business associate.
(b) Exemptions.--The following shall be exempt from the
20230HB1201PN1272 - 30 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
provisions of this act:
(1) Protected health information under HIPAA.
(2) Patient-identifying information for purposes of 42
U.S.C. § 290dd-2 (relating to confidentiality of records).
(3) Identifiable private information for purposes of the
Federal policy for the protection of human subjects under 45
CFR Subt. A Subch. A Pt. 46 (relating to protection of human
subjects).
(4) Identifiable private information that is otherwise
information collected as part of human subjects research in
accordance with the good clinical practice guidelines issued
by the International Council for Harmonization of Technical
Requirements for Pharmaceuticals for Human Use on the
effective date of this paragraph.
(5) The protection of human subjects under 21 CFR Ch. I
Subch. A Pt. 50 (relating to protection of human subjects) or
56 (relating to institutional review boards) or personal data
used or shared in research, as defined in 45 CFR 164.501
(relating to definitions), that is conducted in accordance
with the standards specified under this subsection or other
research conducted in accordance with applicable Federal or
State law.
(6) Information and documents created for the purposes
of 42 U.S.C. Ch. 117 (relating to encouraging good faith
professional review activities).
(7) Patient safety work product for the purposes of 42
U.S.C. Ch. 6A Subch. VII Pt. C (relating to patient safety
improvement).
(8) Information derived from any of the health care
related information exempt under this subsection that is de-
20230HB1201PN1272 - 31 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
identified in accordance with the requirements for de-
identification under HIPAA.
(9) Information originating from and intermingled to be
indistinguishable with, or information treated in the same
manner as, information exempt under this subsection that is
maintained by a covered entity or business associate, program
or qualified service organization as specified in 42 U.S.C. §
290dd-2 (relating to confidentiality of records).
(10) Information used for public health activities and
purposes as authorized by HIPAA, community health activities
and population health activities.
(11) The collection, maintenance, disclosure, sale,
communication or use of personal information bearing on a
consumer's credit worthiness, credit standing, credit
capacity, character, general reputation, personal
characteristics or mode of living by a consumer reporting
agency, furnisher or user that provides information for use
in a consumer report or by a user of a consumer report, but
only to the extent that the activity is regulated by and
authorized under 15 U.S.C. Ch. 41 Subch. III (relating to
credit reporting agencies).
(12) Personal data collected, processed, sold or
disclosed in compliance with 18 U.S.C. Ch. 123 (relating to
prohibition on release and use of certain personal
information from state motor vehicle records).
(13) Personal data regulated by 20 U.S.C. Ch. 31 Subch.
III Pt. 4 (relating to records; privacy; limitation on
withholding Federal funds).
(14) Personal data collected, processed, sold or
disclosed in compliance with 12 U.S.C. Ch. 23 (relating to
20230HB1201PN1272 - 32 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
farm credit system).
(15) Data processed or maintained:
(i) in the course of an individual applying to,
employed by or acting as an agent or independent
contractor of a controller, processor or third party to
the extent that the data is collected and used within the
context of that role;
(ii) as the emergency contact information of an
individual specified under this act and used for
emergency contact purposes; or
(iii) as necessary to administer benefits for
another individual related to an individual who is the
subject of the information under paragraph (1) and used
for the purposes of administering the benefits.
(16) Personal data collected, processed, sold or
disclosed in relation to price, route or service by an air
carrier under 49 U.S.C. Subt. VII Pt. A. Subpt. I Ch. 401
(relating to general provisions) to the extent preempted
under 49 U.S.C. § 41713 (relating to preemption of authority
over prices, routes, and service).
(c) Parental consent.--A controller or processor that
complies with the verifiable parental consent requirements under
15 U.S.C. Ch. 91 (relating to children's online privacy
protection) shall be deemed compliant with an obligation to
obtain parental consent under this act.
Section 12. Effective date.
This act shall take effect immediately.
20230HB1201PN1272 - 33 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27