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

Consumer Requests for Information or Deletion in Georgia

No, businesses cannot ignore consumer requests for information or deletion in Georgia. Georgia law requires businesses to comply with consumer requests to correct, amend, or delete any recorded personal information about the individual within its possession within 30 business days of receipt of a written request [2.1].

If the business corrects, amends, or deletes recorded personal information in accordance with the request, it must notify the individual in writing and furnish the correction, amendment, or fact of deletion to any person specifically designated by the individual who may have received such recorded personal information within the preceding two years, any insurance-support organization whose primary source of personal information is insurance institutions if the insurance-support organization has systematically received such recorded personal information from the insurance institution within the preceding seven years, and any insurance-support organization that furnished the personal information that has been corrected, amended, or deleted [2.1].

If the business refuses to make such correction, amendment, or deletion, it must notify the individual of the refusal, the reasons for the refusal, and the individual’s right to file a statement as provided in subsection (c) of the Georgia Code section 33-39-10 [2.1].

Therefore, businesses in Georgia must comply with consumer requests for information or deletion within the specified time frame and notify the individual of the action taken or the reason for refusal.

Requirements for Compliance

Businesses must comply with consumer requests to correct, amend, or delete any recorded personal information about the individual within its possession within 30 business days of receipt of a written request [2.1].

If the business corrects, amends, or deletes recorded personal information in accordance with the request, it must notify the individual in writing and furnish the correction, amendment, or fact of deletion to any person specifically designated by the individual who may have received such recorded personal information within the preceding two years, any insurance-support organization whose primary source of personal information is insurance institutions if the insurance-support organization has systematically received such recorded personal information from the insurance institution within the preceding seven years, and any insurance-support organization that furnished the personal information that has been corrected, amended, or deleted [2.1].

If the business refuses to make such correction, amendment, or deletion, it must notify the individual of the refusal, the reasons for the refusal, and the individual’s right to file a statement as provided in subsection (c) of the Georgia Code section 33-39-10 [2.1].

Therefore, businesses in Georgia must comply with consumer requests for information or deletion within the specified time frame and notify the individual of the action taken or the reason for refusal.

Exceptions

There are no exceptions to the requirement for businesses to comply with consumer requests for information or deletion in Georgia.

Therefore, businesses must comply with consumer requests for information or deletion in all cases, except as otherwise allowed by law or by an interconnection agreement that has been approved by the Public Service Commission [1.2].

Enforcement

The Attorney General has the power to enforce the provisions of the Georgia Code section 33-39-10. The Attorney General’s enforcement power includes the authority to investigate alleged violations through the use of all investigative powers available under Part 2 of Article 15 of the Georgia Code, the “Fair Business Practices Act of 1975,” and the authority to initiate proceedings, pursuant to Georgia Code section 10-1-397, in the event of a violation of the Georgia Code section 33-39-10. Such proceedings include, without limitation, issuance of a cease and desist order, a civil penalty order imposing a civil penalty up to a maximum of $2,000.00 for each violation, and proceedings to seek additional relief in any superior court of competent jurisdiction [4.1].

Therefore, businesses in Georgia that fail to comply with consumer requests for information or deletion may face enforcement actions by the Attorney General.

Conclusion

Businesses in Georgia cannot ignore consumer requests for information or deletion and must comply with such requests within the specified time frame. The Attorney General has the power to enforce compliance with the Georgia Code section 33-39-10 and may initiate proceedings against businesses that violate this provision.

Source(s):
Jurisdiction

Georgia, Georgia