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Can I ignore consumer requests for information or deletion in Tennessee? What are the requirements?
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Consumer Requests for Information or Deletion in Tennessee
Under the Tennessee Consumer Protection Act, you cannot ignore consumer requests for information or deletion. An individual may request information from a provider regarding any act or practice that violates the Act [TNCO 47-18-5536]. If the Attorney General has reason to believe that a person is engaging in, has engaged in, or is about to engage in any unlawful act or practice under the Act, the Attorney General may require the person to file a statement or report in writing, under oath or otherwise, as to all the facts and circumstances concerning the alleged violation and to furnish and make available for examination all documentary material and information relevant to the subject matter of the investigation [TNCO 47-18-106].
Additionally, a violation of the Tennessee Consumer Protection Act constitutes a violation of the Tennessee Consumer Protection Act of 1977, and any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and subject to the penalties and remedies as provided by that act [TNCO 47-18-1010].
Under the Tennessee Breach of System Security Law, an information holder must disclose a breach of system security to any resident of Tennessee whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure must be made no later than forty-five (45) days from the discovery or notification of the breach of system security, unless a longer period of time is required due to the legitimate needs of law enforcement [TNCO 47-18-2107].
Therefore, if you receive a request for information or deletion, you must comply with the requirements of the Tennessee Consumer Protection Act and the Tennessee Breach of System Security Law.
Source(s):
- [1.1] Violation of Consumer Protection Act.
- [1.3] Investigations — Requests for information — Penalties for noncompliance.
- [1.4] Violation of Consumer Protection Act — Institution of proceedings.
- [1.5] Release of personal consumer information.
Jurisdiction
Tennessee