Vermont Employment Law Update – December 2018

Vermont

Data Privacy, Consumer Privacy, and Discrimination

On May 22, 2018, Vermont Governor Phil Scott allowed legislation to become law without his signature (H.B. 764) prohibiting the acquisition of brokered personal information for unlawful employment discrimination purposes. Brokered personal information is one or more of the following computerized data elements about a consumer, if categorized or organized for dissemination to third parties:

  • Name, address, date of birth, place of birth, and mother’s maiden name.
  • Unique biometric data generated from measurements or technical analysis of human body characteristics used by the owner or licensee of the data to identify or authenticate the consumer, such as a fingerprint, retina or iris image, or other unique physical representation or digital representation of biometric data.
  • Name or address of a member of the consumer’s immediate family or household.
  • Social Security number or other government-issued identification number.
  • Other information that, alone or in combination with the other information sold or licensed, would allow a reasonable person to identify the consumer with reasonable certainty.

The law also:

  • Adopts consumer protections relating to data security and consumer privacy.
  • Provides consumers with more information about data brokers, their data collection practices, and the right to opt out.
  • Revises provisions relating to the protection of personal information.
  • Establishes regulation for data brokers.
  • Provides for disclosures to consumers.

The law is effective January 1, 2019.

Read VT H.B. 764