Iowa Code § 715D.6

Current through bills signed by governor as of 5/17/2024
Section 715D.6 - [Effective 1/1/2025] [Multiple versions] Processing data - exemptions
1. Nothing in this chapter shall be construed to require the following:
a. A controller or processor to re-identify de-identified data or pseudonymous data.
b. Maintaining data in identifiable form.
c. Collecting, obtaining, retaining, or accessing any data or technology, in order to be capable of associating an authenticated consumer request with personal data.
2. Nothing in this chapter shall be construed to require a controller or processor to comply with an authenticated consumer rights request, pursuant to section 715D.3, if all of the following apply:
a. The controller is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data.
b. The controller does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data, or associate the personal data with other personal data about the same specific consumer.
c. The controller does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted in this chapter.
3. Consumer rights contained in sections 715D.3 and 715D.4 shall not apply to pseudonymous data in cases where the controller is able to demonstrate any information necessary to identify the consumer is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
4. Controllers that disclose pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address any breaches of those contractual commitments.

Iowa Code § 715D.6

Added by 2023 Iowa, ch 17, s 6, eff. 1/1/2025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.