The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter 005 : Data Brokers(Cite as: 9 V.S.A. § 2446)
§ 2446. Annual registration
(a) Annually, on or before January 31 following a year in which a person meets the definition of data broker as provided in section 2430 of this title, a data broker shall:
(1) register with the Secretary of State;
(2) pay a registration fee of $100.00; and
(3) provide the following information:
(A) the name and primary physical, e-mail, and Internet addresses of the data broker;
(B) if the data broker permits a consumer to opt out of the data broker’s collection of brokered personal information, opt out of its databases, or opt out of certain sales of data:
(i) the method for requesting an opt-out;
(ii) if the opt-out applies to only certain activities or sales, which ones; and
(iii) whether the data broker permits a consumer to authorize a third party to perform the opt-out on the consumer’s behalf;
(C) a statement specifying the data collection, databases, or sales activities from which a consumer may not opt out;
(D) a statement whether the data broker implements a purchaser credentialing process;
(E) the number of data broker security breaches that the data broker has experienced during the prior year, and if known, the total number of consumers affected by the breaches;
(F) where the data broker has actual knowledge that it possesses the brokered personal information of minors, a separate statement detailing the data collection practices, databases, sales activities, and opt-out policies that are applicable to the brokered personal information of minors; and
(G) any additional information or explanation the data broker chooses to provide concerning its data collection practices.
(b) A data broker that fails to register pursuant to subsection (a) of this section is liable to the State for:
(1) a civil penalty of $50.00 for each day, not to exceed a total of $10,000.00 for each year, it fails to register pursuant to this section;
(2) an amount equal to the fees due under this section during the period it failed to register pursuant to this section; and
(3) other penalties imposed by law.
(c) The Attorney General may maintain an action in the Civil Division of the Superior Court to collect the penalties imposed in this section and to seek appropriate injunctive relief. (Added 2017, No. 171 (Adj. Sess.), § 2, eff. Jan. 1, 2019.)