United States of America: Passed Tennessee Information Protection Act including data protection regulation (HB 1181)

On 10 April 2023, the Tennessee Information Protection Act (House Bill 1181) was passed by the Tennessee House of Representatives and will now be considered by the Senate. The Act will apply to business entities active in the state that, on an annual basis, either control or process personal information of at least 100'000 consumers or control or process personal information of at least 25'000 consumers and derive more than 50% of gross revenue from the sale of personal information. The Act sets out consumer data rights, including access to personal information, data correction, data deletion, and obtaining a copy of the consumer’s personal information, among others. In addition, the Act includes obligations for data controllers, including abiding by principles of adequacy, relevance, and reasonable necessity in processing data, following laws prohibiting unfair discrimination against consumers, and obtaining consumer consent before processing sensitive personal data.