Mississippi HB 1051: Mississippi Consumer Privacy Protection Act; create.

Bill Text

H. B. No. 1051 *HR43/R1119* ~ OFFICIAL ~ G1/2
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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ford (73rd)

HOUSE BILL NO. 1051

AN ACT TO CREATE THE MISSISSIPPI CONSUMER PRIVACY PROTECTION 1
ACT; TO DEFINE TERMS; TO PROVIDE THAT THIS ACT APPLIES TO CERTAIN 2
PERSONS CONDUCTING BUSINESS WITHIN THE STATE THAT EXCEEDS 3
TWENTY-FIVE MILLION DOLLARS IN REVENUE; TO EXEMPT CERTAIN PERSONS 4
AND CERTAIN DATA FROM THIS ACT; TO GRANT CONSUMERS THE RIGHT TO 5
REQUEST A CONTROLLER OF THE CONSUMER'S PERSONAL INFORMATION TO 6
GRANT ACCESS TO, CORRECT INACCURACIES IN, DELETE OR OPT OUT OF THE 7
PROCESSING OF SUCH PERSONAL INFORMATION; TO PROVIDE THAT A 8
CONSUMER MAY INVOKE THE CONSUMER RIGHTS GRANTED UNDER THIS ACT AT 9
ANY TIME BY SUBMITTING A REQUEST TO A CONTROLLER OF PERSONAL 10
INFORMATION; TO REQUIRE A CONTROLLER TO RESPOND TO A CONSUMER 11
WITHIN AT LEAST FORTY-FIVE DAYS; TO REQUIRE A CONTROLLER TO 12
ESTABLISH AN APPEAL PROCESS FOR A CONSUMER TO APPEAL THE 13
CONTROLLER'S REFUSAL TO TAKE ACTION AS REQUESTED BY THE CONSUMER; 14
TO REQUIRE A CONTROLLER TO ADOPT AND IMPLEMENT REASONABLE 15
ADMINISTRATIVE, TECHNICAL AND PHYSICAL DATA SECURITY PRACTICES TO 16
PROTECT THE CONFIDENTIALITY, INTEGRITY AND ACCESSIBILITY OF 17
PERSONAL INFORMATION; TO REQUIRE THE CONTROLLER TO PROVIDE 18
CONSUMERS WITH A REASONABLY ACCESSIBLE, CLEAR AND MEANINGFUL 19
PRIVACY NOTICE, WHICH SHALL INCLUDE THE METHODS BY WHICH A 20
CONSUMER CAN REQUEST TO EXERCISE THE RIGHTS GRANTED UNDER THIS 21
ACT; TO REQUIRE A CONTROLLER WHO SELLS A CONSUMER'S PERSONAL 22
INFORMATION TO THIRD PARTIES OR ENGAGES IN TARGETED ADVERTISING TO 23
PROVIDE CLEAR AND CONSPICUOUS DISCLOSURE OF SUCH ACTIVITY TO A 24
CONSUMER; TO REQUIRE PROCESSORS OF PERSONAL INFORMATION TO ASSIST 25
CONTROLLERS IN THE DUTIES IMPOSED UNDER THIS ACT; TO REQUIRE 26
CONTROLLERS TO CONDUCT AND DOCUMENT A DATA PROTECTION ASSESSMENT 27
OF CERTAIN PROCESSING ACTIVITIES INVOLVING PERSONAL INFORMATION; 28
TO REQUIRE A CONTROLLER IN POSSESSION OF DE-IDENTIFIED DATA TO 29
TAKE REASONABLE MEASURES TO ENSURE THE DATA CANNOT BE ASSOCIATED 30
WITH A NATURAL PERSON; TO PROVIDE THAT NOTHING IN THIS ACT 31
RESTRICTS A CONTROLLER OR PROCESSOR'S ABILITY TO COMPLY WITH OTHER 32
LAWS, INVESTIGATIONS OR LAW ENFORCEMENT REQUESTS, TO DEFEND LEGAL 33
CLAIMS, TO PROVIDE CERTAIN PRODUCTS OR SERVICES SPECIFICALLY 34

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REQUESTED BY THE CONSUMER, TO PERFORM UNDER A VALID CONTRACT, TO 35
RESPOND TO SECURITY INCIDENTS, OR TO ENGAGE IN SCIENTIFIC OR 36
STATISTICAL RESEARCH; TO PROVIDE THAT NOTHING IN THIS ACT 37
RESTRICTS A CONTROLLER OR PROCESSOR'S ABILITY TO USE DATA TO 38
CONDUCT RESEARCH, EFFECTUATE A PRODUCT RECALL, RESPOND TO 39
TECHNICAL ERRORS, OR PERFORM CERTAIN INTERNAL OPERATIONS; TO 40
PROVIDE THAT THE ATTORNEY GENERAL SHALL HAVE THE EXCLUSIVE 41
AUTHORITY TO ENFORCE THIS ACT; TO AUTHORIZE THE ATTORNEY GENERAL 42
TO INVESTIGATE POTENTIAL VIOLATIONS OF THIS ACT AND ISSUE CIVIL 43
INVESTIGATIVE DEMANDS; TO PROVIDE CERTAIN RELIEF AND CIVIL 44
PENALTIES FOR VIOLATIONS OF THIS ACT; TO AMEND SECTION 45-38-9, 45
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REQUIREMENTS OF THE 46
WALKER MONTGOMERY PROTECTING CHILDREN ONLINE ACT SHALL CONTROL IN 47
THE CASE OF A CONFLICT WITH THIS ACT; TO BRING FORWARD SECTION 48
11-77-5, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE 49
AMENDMENT; AND FOR RELATED PURPOSES. 50
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 51
SECTION 1. This act shall be known and may be cited as the 52
"Mississippi Consumer Privacy Protection Act". 53
SECTION 2. As used in this act, the following terms have the 54
meanings as defined in this section, unless the context clearly 55
indicates otherwise: 56
(a) "Affiliate" means a legal entity that controls, is 57
controlled by or is under common control with another legal entity 58
or shares common branding with another legal entity. For purposes 59
of this paragraph (a), the term "control" or "controlled" means: 60
(i) Ownership of, or the power to vote, more than 61
fifty percent (50%) of the outstanding shares of a class of voting 62
security of an entity; 63
(ii) Control in any manner over the election of a 64
majority of the directors or of individuals exercising similar 65
functions relative to an entity; or 66

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(iii) The power to exercise controlling influence 67
over the management of an entity. 68
(b) "Authenticate" means using reasonable means to 69
verify that a consumer who is entitled to exercise the rights 70
provided in Section 4 of this act is the same consumer who is 71
requesting to exercise such consumer rights with respect to the 72
personal information at issue. 73
(c) "Biometric data" means da