Vermont H 706: An act relating to banning the use of neonicotinoid pesticides

Bill Text

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VT LEG #386289 v.1
H.706 1
Introduced by Representative Priestley of Bradford 2
Referred to Committee on 3
Date: 4
Subject: Commerce and trade; protection of personal information; data privacy 5
Statement of purpose of bill as introduced: This bill proposes to require a 6
business that develops or maintains an internet browser to provide 7
functionality within the browser that allows a consumer to send a preference 8
that the consumer wishes to opt out of the sale of the consumer’s personal data. 9
An act relating to internet browsers and data selling 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 9 V.S.A. chapter 62 is amended to read: 12
CHAPTER 62. PROTECTION OF PERSONAL INFORMATION 13
Subchapter 1. General Provisions 14
* * * 15
§ 2432. INTERNET BROWSER OPT-OUT 16
(a) As used in this section: 17
(1) “Browser” means an interactive software application that is used by 18
consumers to locate, access, and navigate websites. 19

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VT LEG #386289 v.1
(2) “Opt-out preference signal” means a signal that complies with this 1
section and that communicates the consumer’s choice to opt out of the sale of 2
the consumer’s personal data. 3
(3) “Personal data” means any information, including derived data and 4
unique identifiers, that is linked or reasonably linkable, alone or in 5
combination with other information, to an identified or identifiable individual 6
or to a device that identifies, is linked to, or is reasonably linkable to one or 7
more identified or identifiable individuals in a household. 8
(b) Prohibition. 9
(1) A business shall not develop or maintain a browser that does not 10
include functionality configurable by a consumer that enables the browser to 11
send an opt-out preference signal to the websites with which the consumer 12
interacts through the browser. 13
(2) The functionality required by subdivision (1) of this subsection shall 14
be easy for a reasonable person to locate and configure. 15
(c) Disclosure. A business that develops or maintains a browser shall make 16
clear to a consumer in its public disclosures how the opt-out preference signal 17
works and the intended effect of the opt-out preference signal. 18

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(d) Enforcement and rulemaking. 1
(1) A business that violates this section or rules adopted pursuant to this 2
section commits an unfair and deceptive act in commerce in violation of 3
section 2453 of this title. 4
(2) The Attorney General shall have the same authority under this 5
section to make rules, conduct civil investigations, bring civil actions, and 6
enter into assurances of discontinuance as provided under chapter 63 of this 7
title. 8
(e) Safe harbor. A business that develops or maintains a browser that 9
includes a functionality that enables the browser to send an opt-out preference 10
signal pursuant to this section shall not be liable for a violation of this section 11
by another business that receives the opt-out preference signal. 12
Sec. 2. EFFECTIVE DATE 13
This act shall take effect on January 1, 2027. 14