House committee reviews S.71 data-privacy bill, highlights differences from H.208 and enforcement questions

Rick Segal, legislative counsel, told the House Committee on Commerce & Economic Development on May 1 that S.71 (the Senate-passed version of a consumer data privacy bill) is broadly similar to H.208 but contains key differences committee members should note.

Segal said S.71 and H.208 are about “90% the same,” but “that 10 percent’s important,” pointing to differences in definitions (for example, inclusion of biometric data, gender-affirming health data, and a definition for abortion in S.71), applicability thresholds, and exemptions. He summarized several consumer rights included in the bill, including the right to confirm whether a controller processes a consumer’s personal data, correct inaccuracies, obtain deletion, receive a portable copy of data, and opt out of targeted advertising, sales of personal data and certain profiling.

Why it matters: the committee was asked to note where S.71 narrows or widens coverage compared with H.208. Segal highlighted enforcement and implementation differences that could materially affect businesses, nonprofits and consumers — notably the bill’s enforcement structure and the exemptions that remove some entities from coverage.

Key technical and scope points discussed

- Applicability thresholds: S.71 applies to persons that do business in the state or target residents and that either process personal data of at least 100,000 consumers in the prior year or process personal data of at least 25,000 consumers and…