§ 12D-108. Data protection assessments.
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/de/title-6/12d-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A controller that controls or processes the data of not less than 100,000 consumers, excluding data controlled or processed solely for the purpose of completing a payment transaction, shall conduct and document, on a regular basis, a data protection assessment for each of the controller’s processing activities that presents a heightened risk of harm to a consumer. For the purposes of this section, processing that presents a heightened risk of harm to a consumer includes any of the following:
(1)The processing of personal data for the purposes of targeted advertising.
(2)The sale of personal data.
(3)The processing of personal data for the purposes of profiling, where such profiling presents a reasonably foreseeable risk of any of the following:
a. Unfair or deceptive treatment of, or unlawful disparate impact on, consumers.
b. Financial, physical, or reputational injury to consumers.
c. A physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers, where such intrusion would be offensive to a reasonable person.
d. Other substantial injury to consumers.
(4)The processing of sensitive data.
(b)Data protection assessments conducted pursuant to subsection
(a)of this section shall identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks. The controller shall factor into any such data protection assessment the use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed.
(c)The Attorney General may require that a controller disclose any data protection assessment that is relevant to an investigation conducted by the Attorney General, and the controller shall make the data protection assessment available to the Attorney General. The Attorney General may evaluate the data protection assessment for compliance with the responsibilities set forth in this chapter. Data protection assessments must be treated as confidential and are not public records within the meaning of § 10002(o) of Title 29. Notwithstanding the foregoing, a controller’s data protection assessment may be used in an action to enforce this chapter. To the extent any information contained in a data protection assessment disclosed to the Attorney General includes and conspicuously identifies information subject to attorney-client privilege or work product protection, such disclosure by itself does not constitute a waiver of such privilege or protection.
(d)A single data protection assessment may address a comparable set of processing operations that include similar activities.
(e)If a controller conducts a data protection assessment for the purpose of complying with another applicable law or regulation, the data protection assessment shall be deemed to satisfy the requirements established in this section if such data protection assessment is reasonably similar in scope and effect to the data protection assessment that would otherwise be conducted pursuant to this section.
(f)Data protection assessment requirements shall apply to processing activities created or generated on or after July 1, 2025, and are not retroactive.