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06/17/2021 12:31 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=35227
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: March 29, 2021 11:02 AM
From: Representative Malcolm Kenyatta and Rep. Melissa L. Shusterman
To: All House members
Subject: The Pennsylvania Consumer Data Protection Act
 
Take a look at the electronic devices that you and your family use every day – smart phones, connected televisions, computers and tablets, smart devices in our homes, even cars that have built in GPS. When you fill out a form, or purchase items, how much of your personal information is captured when you swipe that credit card, or submit that order online?
Consumers have a right to know how their personal data is being collected, by whom and how it is being used. Consumers should have a right to access that personal data, the same as they have a right to access their medical records, financial records and any other records that pertain specifically to their life.
After so many of us turned to online resources to remain safe during the COVID-19 pandemic, it is more important now than ever before that we begin the conversation around data protection in Pennsylvania. To ensure that consumer data is being managed properly and that all Pennsylvanians have access to that data, we are proposing the Pennsylvania Consumer Data Protection Act.
Modeled after a law passed in Virginia earlier this year, our proposal would:
  • ensure Pennsylvanians have the right to request that a company confirm that it is processing a consumer’s personal data and allow the consumer to access the data, correct inaccuracies, delete personal data, and receive a copy of that personal data.
  • require companies to establish, implement, and maintain reasonable administrative, technical and physical storage data security practices to protect the confidentiality, integrity, and accessibility of personal data.
  • provide an accessible, clear and meaningful privacy notice that not only discloses what, if any, categories of personal data is shared with third parties, but also a consumer’s the right to opt out.
  • require any company that discloses personal data to third parties to enter into a contract to ensure data privacy.
  • require a company to conduct and document a data protection assessment to, at a minimum determine how the company collects, manages, and stores data. The Pennsylvania Office of Attorney General would have the right to request access to these reports.
Our constituents should have the right to know who is collecting their personal data, how it is being used by those companies (or in some cases, third parties), and be able to fix any discrepancies, and delete that personal data if they so choose. This measure will not stop a data breach, but it will give consumers peace of mind in knowing that they have control over what personal data is being collected and shared.
We hope that you will join with us in co-sponsoring this valuable tool in the fight to safeguard Pennsylvanians.