Vermont committee debates enforcement options for H.342 privacy bill

Members of the Vermont Economic Development committee continued a multi-hour discussion on H.342 on March 25, focused on how the bill would be enforced if it becomes law.

The committee heard from Chief Superior Judge Tom Zona, who described how the bill’s current enforcement language — draft 1.3 — would rely on traditional civil remedies and the courts. "The current enforcement mechanism that draft 1.3... provides for damages as well as injunctive relief," Zona said, noting injunctive relief could trigger temporary restraining orders and multiple hearings. "A temporary restraining order is issued before there's a notice and opportunity for the party...to be able to respond," he said, describing Rule 65 standards and the need to show "immediate and irreparable injury" for emergency relief.

The judge told the committee he could not predict how many suits the statute would generate, but cautioned that private litigation could strain…