The Vermont Statutes Online

Title 9 : Commerce and Trade

Chapter 061a : Data Privacy [Effective January 1, 2028]

Subchapter 001 : Vermont Data Privacy and Online Surveillance Act [Effective January 1, 2028]

• § 2415h. Deidentified data [Effective January 1, 2028]

  (a) Requirements. A controller in possession of deidentified data shall:

  (1) take reasonable measures to ensure that the data cannot be associated with an individual;

  (2) publicly commit to maintaining and using deidentified data without attempting to reidentify the data; and

  (3) contractually obligate any recipients of the deidentified data to comply with the provisions of this subchapter.

  (b) Limitations. This subchapter shall not be construed to:

  (1) require a controller or processor to reidentify deidentified data or pseudonymous data;

  (2) maintain data in identifiable form, or collect, obtain, retain, or access any data or technology, in order to be capable of associating an authenticated consumer request with personal data; or

  (3) require a controller or processor to comply with an authenticated consumer rights request if the controller:

  (A) 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) 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; and

  (C) 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 section.

  (c) Pseudonymous data. The rights afforded under subdivisions 2415d(a)(1)–(4) of this subchapter shall not apply to pseudonymous data in cases in which the controller is able to demonstrate that any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing the information.

  (d) Oversight when disclosing. A controller that discloses pseudonymous data or deidentified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or deidentified data is subject and shall take appropriate steps to address any breaches of those contractual commitments. (Added 2025, No. 145 (Adj. Sess.), § 1, eff. January 1, 2028.)