United States of America: Rejected Digital Fairness Act (S 2277) including data protection measures

On 21 June 2023, the Digital Fairness Act (S 2277) was rejected after failing to pass before the legislature adjourned. The Act would have established disclosure requirements regarding data processing for entities operating in the State. In particular, the entities that stored and processed the personal data of more than 500 individuals would have been required to issue a public notice regarding the purpose of collection and processing. The entities would have been required to obtain individuals' explicit consent for collecting, transmitting, and monetizing their personal data. Furthermore, the Act would have established new rights for individuals regarding their data. The individuals would have had the right to request the deletion, correction, and information regarding the transfer to third parties of the data. Finally, the Act would have introduced transparency regarding targeted advertising based on personal data.