Sarah L. Bruno, Hubert J. Zanczak and Casey H. Yang of Reed Smith LLP discuss Oregon's new privacy law, which goes into effect in July 2024 and has similarities with other state laws.
The Governor of Oregon, Tina Kotek appears in an undated handout photo provided October 11, 2022. Tina Kotek/Handout via REUTERSAugust 11, 2023 - Oregon has joined a growing list of states that have passed comprehensive state privacy legislation. On July 18, 2023, Oregon Governor Tina Kotek signed Senate Bill 619 , which goes into effect on July 1, 2024. The Act follows the now common template used by states such as Colorado, Virginia, Utah, and Connecticut, with some notable deviations.
Like other state privacy laws, the Act defines "profiling" to mean "an automated processing of personal data for the purpose of evaluating, analyzing or predicting an identified or identifiable consumer's economic circumstances, health, personal preferences, interests, reliability, behavior, location or movements.
•Controllers must allow consumers to exercise their right to opt-out of the processing of their personal data for any of the following purposes: targeted advertising, selling personal data, or profiling the consumer. Such processing activities are not prohibited, as long as consumers have the opportunity to opt-out at any time. Controllers must also provide consumers with certain rights to their data, as discussed in more detail below.
•Lastly, Controllers must have contractual terms in place with third parties that process personal data on their behalf , as further described below.The Act imposes a few requirements on processors of Controllers that are similar to the requirements described in other state privacy laws. Some of the requirements for processors are as follows:
Beginning July 1, 2026, consumers can opt-out of the sale of their personal data or targeted advertising using GPC signals, which Controllers must honor within 15 days.The Act defines "consent" to mean "an affirmative act by means of which a consumer clearly and conspicuously communicates the consumer's freely given, specific, informed and unambiguous assent to another person's act or practice.
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