Ohio Privacy Bill Revised at 3rd Hearing

Ohio legislators amended a comprehensive privacy bill by unanimous voice vote at a House Government Oversight Committee hearing Wednesday. Rep. Rick Carfagna (R) said the new version of HB-376 is “more nuanced” about how it classifies businesses, differentiating between data controller at the front end and processors in the backend. The amended bill would preempt local privacy rules, give consumers a right to opt out of targeted advertisements and align various definitions more closely with other states’ bills, Carfagna said. Businesses wouldn’t have to respond to requests for pseudonymous data, he said. The lawmaker said he worked on the amendment with industry groups including the State Privacy and Security Coalition and BSA|The Software Alliance. The Ohio Association for Justice (OAJ), a trial lawyers group, and the American Civil Liberties Union Ohio opposed HB-376. Enforcement only by the state attorney general isn’t enough to protect Ohioans, said OAJ Trustee Curtis Fifner: The bill should allow private lawsuits, at least when the AG decides not to prosecute a claim. The measure is full of “exploitable loopholes” allowing businesses to “circumvent” privacy protections, said ACLU Ohio Chief Lobbyist Gary Daniels: it gives consumers a “right to know” but not to act, he said. Ohio bills typically get three hearings in committee before going to the floor; Wednesday’s was the third.