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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session


Posted: August 3, 2022 03:08 PM
From: Senator Maria Collett and Sen. Lisa M. Boscola
To: All Senate members
Subject: Protecting Consumer Information and Data Privacy
Pennsylvanians' rights to property and reputation are enshrined in our Commonwealth's constitution. However, in our 21st-century digital age, protecting our property and reputations are more difficult than ever before. Currently, Pennsylvanians are paying a steep price for the efficiencies of e-commerce, the information overload of the internet, and the connectivity of social media—and that price is our privacy and personal data.  

This is not sustainable.  

In a nation and a Commonwealth committed to the protection of its citizens’ constitutional rights, we cannot sit back and watch people’s personal data become more and more commoditized.  

It is time that those of us privileged to serve here in the legislature step up. That is why we will be introducing legislation that would mandate certain businesses to notify consumers when their personal information is being collected, and whether it will be sold. The legislation would also empower consumers to deny businesses from capitalizing on their data entirely. 

Specifically, the legislation would empower consumers to know what personal information is being collected about them; know whether their personal information is sold or disclosed and to whom; decline or opt-out of the sale of their personal information; and access their personal information that has been collected. It would also bar businesses from discriminating against consumers who choose to exercise their consumer privacy protection rights. 

As a companion to Rep. Neilson’s H.B. 1126, this legislation would ensure that our small businesses would not be adversely affected by more stringent consumer data privacy standards. It would only apply to businesses that (1) have annual gross revenues over $10 million and (2) derive half or more of those revenues from selling consumers’ personal information to third parties.  

In addition, the legislation would specifically protect the privacy and reputation rights of younger Pennsylvanians by placing a blanket ban on the sale of all private data of consumers under the age of 16. 

Finally, the legislation empowers the Attorney General to bring civil action against non-compliant businesses.

Please join us in supporting this legislation, as we work to uphold Pennsylvanians’ constitutional rights in this continually evolving digital era.