Vermont H 812: An act relating to universal school breakfast and lunch for all public-school students

Bill Text

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H.812 1
Introduced by Representative Priestley of Bradford 2
Referred to Committee on 3
Date: 4
Subject: Commerce and trade; privacy; data loyalty 5
Statement of purpose of bill as introduced: This bill proposes to increase 6
privacy protections and data security by regulating how certain businesses 7
store, share, and sell the personal data of Vermont consumers. 8
An act relating to data loyalty 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 9 V.S.A. chapter 61A is added to read: 11
CHAPTER 61A. DATA LOYALTY 12
§ 2411a. SHORT TITLE AND DEFINITIONS 13
(a) This chapter shall be known, and may be cited, as the “Vermont Duty of 14
Data Loyalty Act.” 15
(b) As used in this chapter: 16
(1) “Authentication” means the process of verifying an individual or 17
entity for security purposes. 18
(2)(A) “Biometric data” means data generated by automatic 19
measurements of an individual’s biological characteristics, such as a 20

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fingerprint, a voiceprint, eye retinas, irises, or other unique biological patterns 1
or characteristics that are used to identify a specific individual. 2
(B) “Biometric data” does not include: 3
(i) a digital or physical photograph; 4
(ii) an audio or video recording; or 5
(iii) any data generated from a digital or physical photograph, or 6
an audio or video recording, unless such data is generated to identify a specific 7
individual. 8
(3) “Collect” and “collection” mean buying, renting, gathering, 9
obtaining, receiving, accessing, or otherwise acquiring covered data by any 10
means, which includes receiving information from the consumer either 11
actively, through interactions such as user registration, or passively, by 12
observing the consumer’s behavior. 13
(4) “Control” means, with respect to an entity: 14
(A) ownership of, or the power to vote, more than 50 percent of the 15
outstanding shares of any class of voting security of the entity; 16
(B) control over the election of a majority of the directors of the 17
entity or of individuals exercising similar functions; or 18
(C) the power to exercise a controlling influence over the 19
management of the entity. 20

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(5) “Covered algorithm” means a computational process that uses 1
machine learning, natural language processing, artificial intelligence 2
techniques, or other computational processing techniques of similar or greater 3
complexity and that makes a decision or facilitates human decision making 4
with respect to covered data, including to determine the provision of products 5
or services or to rank, order, promote, recommend, amplify, or similarly 6
determine the delivery or display of information to an individual. 7
(6)(A) “Covered data” means information, including derived data and 8
unique identifiers, that identifies or is linked or reasonably linkable, alone or in 9
combination with other information, to an individual or a device that identifies 10
or is linked or reasonably linkable to an individual. 11
(B) “Covered data” does not include: 12
(i) deidentified data; 13
(ii) employee data; or 14
(iii) public information. 15
(7)(A) “Covered entity” means a person, other than an individual acting 16
in a noncommercial context, that alone or jointly with others determines the 17
purposes and means of collecting, processing, or transferring covered data. 18
(B) “Covered entity” includes a person that controls, is controlled by, 19
or is under common control with the covered entity. A person shall not be 20

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considered to be a covered entity for purposes of this chapter insofar as the 1
person is acting as a service provider. 2
(C) “Covered entity” does not include: 3
(i) a federal, state, tribal, territorial, or local government entity, 4
including a body, authority, board, bureau, commission, district, agency, or 5
political subdivision of the federal government or state, tribal, territorial, or 6
local government; 7
(ii) a person that is collecting, processing, or transferring covered 8
data on behalf of a federal, state, tribal, territorial, or local government entity, 9
insofar as the person is acting as a service provider to the government entity; 10
(iii) a person that serves as a congressionally designated nonprofit, 11
national resource center, and clearinghouse to provide assistance to victims, 12
families, child-serving professionals, and the general public on missing and 13
exploited children issues; or 14
(iv) a small business. 15
(8) “Covered language” means the 10 most common languages spoken 16
in the United States, according to the most recent U.S. Census. 17
(9) “Cross-context behavioral advertising” means the targeting of 18
advertising to a consumer based on the consumer’s covered data obtained from 19
the consumer’s activity ac