Amendment ID: S2608-36-R2

2nd Redraft Amendment 36

Amendment definition of “sale” to ensure that individuals who opt-out of the sale of their personal data are also protected in the instance of mergers & acquisitions

Messrs. Fernandes, Eldridge, Montigny, Brady and Payano move that the proposed new draft be amended by adding the following subsection:-

(g) A controller that acquires personal data as part of a merger, acquisition, bankruptcy or other transaction in which the controller assumes control of all or part of another person’s assets shall provide affected consumers with notice of such acquisition following the acquisition. Notice to consumers under this subsection shall include the name of the controller receiving the consumer’s personal data, the applicable privacy policies of the controller and notice of the rights available to consumers under section 4. The attorney general may issue rules and promulgate regulations prescribing the form of notice under this subsection and establishing mechanisms to facilitate a consumer’s exercise of rights pursuant to subsection (a)(iv) of section 4 or other provisions of this chapter.”.