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Can I ignore consumer requests for information or deletion in Alabama? What are the requirements?

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Consumer Requests for Information or Deletion in Alabama

Under Alabama law, covered entities are required to provide notification to individuals in the event of a breach of security involving sensitive personally identifying information [1.1]. Covered entities or third-party agents must also take reasonable measures to dispose of records containing sensitive personally identifying information within their custody or control when the records are no longer to be retained pursuant to applicable law, regulations, or business needs [1.2]. However, there is no specific provision in Alabama law that allows individuals to request information or deletion of their personal information from covered entities.

Exceptions to Opt-Out Requirements for Disclosure of Nonpublic Personal Financial Information

There are exceptions to opt-out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions at the consumer’s request [2.2]. Additionally, the opt-out requirements do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice in accordance with Section 5 and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information [2.1].

Violations of Notification Requirements

A violation of the notification provisions of Alabama law is an unlawful trade practice under the Alabama Deceptive Trade Practices Act [1.1]. The Attorney General has the exclusive authority to bring an action for civil penalties under this chapter. Civil penalties assessed under this chapter shall not exceed five hundred thousand dollars ($500,000) per breach [1.1].

Storage of Proprietary Information

All proprietary information in possession of the Board shall be maintained in a secure area and in files marked “CONFIDENTIAL” [3.2]. All proprietary information submitted to the Board shall be returned to the producing party within sixty (60) days of the conclusion of the Board’s use thereof, and the Board shall certify that all summaries, notes, extracts, compilations or any direct or indirect reproductions of such information have been destroyed [3.2].

Based on the above information, there is no specific provision in Alabama law that allows individuals to request information or deletion of their personal information from covered entities. However, covered entities are required to provide notification to individuals in the event of a breach of security involving sensitive personally identifying information, and must take reasonable measures to dispose of records containing sensitive personally identifying information. Violations of notification requirements may result in civil penalties assessed by the Attorney General. Additionally, there are exceptions to opt-out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions at the consumer’s request, and when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf. Finally, all proprietary information in possession of the Board must be maintained in a secure area and returned to the producing party within sixty (60) days of the conclusion of the Board’s use thereof.

Source(s):
Jurisdiction

Alabama