HB 2454 Summary

• Reclassifies Title 44, Chapter 34 from "Retailer Use of Identification Information" to "Use of Identification Information" and adds Article 2 to regulate Internet service providers' handling of consumer data.

• Prohibits Internet service providers from knowingly disclosing consumers' personally identifiable information except as authorized by grand jury subpoena, law enforcement request, court order, or with written/electronic consumer consent.

• Requires Internet service providers to take reasonable steps to maintain security and privacy of consumer personally identifiable information and limits their liability for identity theft or fraud when they do not participate in or authorize such actions.

• Allows consumers to sue for violations and recover the greater of $500 or actual damages plus attorney fees, though class actions are prohibited; establishes a defense if the provider implemented reasonable practices to prevent violations.

• Provides that state law protections do not limit stronger privacy protections under other laws or law enforcement authority, and that any enacted federal law on the subject supersedes conflicting state provisions.