USA - Ohio
Consumer Right to Request Deletion of Personal Data Under OPAA, a consumer’s right to request the deletion of their personal data maintained by a business would also be protected. Businesses would be required to comply with deletion requests with limited exceptions, such as the event in which the personal data is necessary for the business to adhere to its written records retention schedule. [5] Consumer Right to Prevent Sale of their Personal Data If enacted, OPPA would also provide consumers the right to request a business not to sell the consumer’s personal data or process the consumer’s personal data for the purpose of targeted advertising.[6] Moreover, businesses that sell personal data or that use processed personal data for the purposes of targeted advertising would be required to provide notice of these facts in a manner to enable consumers to “opt out” of the sale of their personal data and/or the use of their personal data for targeted advertising.[7] 5.3. Cybersecurity Programs Under the Ohio DPA Under the Ohio DPA, covered entities that are seeking an affirmative defense are required to create, maintain, and comply with a written
maintenance of their personal data. Businesses would be prohibited under OPPA from discriminating against consumers who choose to exercise these rights, such as charging such individuals different prices or rates for goods or services. [1] Processors would be required to assist businesses in responding to consumer requests.[2] Consumer Right to Request Copy of Personal Data If enacted, OPPA would mirror existing U.S. comprehensive data privacy legislation in providing consumers the right to request a copy of their personal data that the consumer previously provided to a business. Under the proposed framework, businesses would not be obligated to provide access to a consumer’s personal data more than once in a twelve-month period.[3] Consumer Right to Request Correction of Personal Data Additionally, if enacted, OPPA would provide consumers the right to request the correction of inaccuracies in the consumer’s personal data and businesses would be required to correct any such inaccuracies.[4] A similar right exists in existing comprehensive data privacy legislation in the U.S. and abroad (such as the “right to rectification” under Article 16 of the EU General Data Protection Regulation (“GDPR”)).
[1] Id. [2] Id. [3] Id. [4] Id.
[5] Id. [6] Id. [7] Id.
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