United States of America: Sustained Governor's veto regarding Vermont Act relating to enhancing consumer privacy (HB 121) including data protection regulation

On 17 June 2024, the Senate voted to sustain Governor Scott's veto of the Vermont Act relating to enhancing consumer privacy (HB 121). The Vermont House of Representatives voted to override the Governor's veto, but the Vermont Senate voted to sustain the veto. Hence, the veto stands. Governor Scott previously raised concerns over the proposed legislation due to its potential negative impact on businesses and non-profits through the "private right of action" provision and the First Amendment implications of the "Kids Code" provision aimed at child protection. He also critiqued the Bill's complexity and expansive scope, suggesting Connecticut’s data privacy law as a more balanced model. The Bill would have included obligations for data controllers, such as a prohibition on the use of information collected for a purpose inconsistent with the purpose for which it was initially collected and retention of personal information if the initial purpose, notice, or consent could not be determined. Furthermore, the Bill would have established consumer rights, including the right to confirm whether a controller was processing their personal data. It would also have allowed consumers to correct, update, and request the deletion of their data, as well as opt out of the processing of their personal data for targeted advertising, the sale of personal data, or profiling.