Ohio Personal Privacy Act & Consumer Data Collection Violations

The Ohio Personal Privacy Act (OPPA) is an emerging bill that aims to protect Ohio consumers’ data and give individuals more control over their digital presence. If passed, the Ohio Personal Privacy Act would establish basic “data rights” for Ohio residents that does not currently exist.

The Ohio privacy law would give individuals the ability to have stored personal data deleted, as well as requests for businesses to not sell a person’s data. In short, these personal privacy rights would give Ohio residents control over how businesses store and use their personal data.

Joe Lyon investigates consumer data privacy cases for plaintiffs in Ohio and nationwide. After any data misuse event, it is critical to take immediate action, and sometimes legal action is necessary to recover substantial damages.

Passing the Ohio Personal Privacy Act

Without a comprehensive federal policy on the collection and use of personal information, Ohio lawmakers are attempting to follow other states in protecting their own. State legislatures in Virginia and Colorado have passed new consumer privacy statutes in 2021, using the existing framework from the well-known California Consumer Privacy Act (CCPA).

By writing new legislation on consumer privacy, Ohio can be a leader in the way personal data is treated legally by companies who store and use collected information. The Ohio Personal Privacy Act (OPPA) has support from the governor, lieutenant governor and attorney general, increasing the likelihood that Ohio will soon join other states with progressive consumer privacy statutes.

If enacted, the OPPA would provide an expanded set of new rights to consumers, and impose a set of obligations on businesses that collect and store their data.

The Ohio privacy law would apply to any business that conducts operations in Ohio or produces goods/services targeted at Ohio consumers, as well as meets one or more of the following criteria:

• Annual gross revenue generated in Ohio above $25 million
• Handles the personal data of 100,000 or more consumers during a given calendar year
• Derives more than 50 percent of its gross revenue from the sale of personal data and processes/controls the personal data of 25,000 or more consumers during a given calendar year

Ohio Consumer Privacy Rights

The OPPA requires businesses to give proper notice to consumers regarding the personal data they process. The law provides that a failure to maintain a privacy notice that accurately reflects a company’s data practices constitutes an unfair or deceptive practice.

The OPPA would grants Ohio consumers a range of rights, including:

• Right to know: The right to know what personal data a business collects
• Right to access: The right to request access to the consumer data that a business collects
• Right to deletion: The right to request that a business delete the personal data that the business has collected for commercial purposes
• Right to opt-out: The right to request that a business not sell personal data to third parties
• Non-discrimination right: The right to not be discriminated against by a business for exercising any of the rights provided under the OPPA

The Lyon Firm is currently involved in a variety of class action data privacy litigation, representing plaintiffs nationwide. If you suspect consumer privacy violations or data misuse, contact Joe Lyon for a free and confidential case review. Companies may be held accountable for their negligence and compensation may be available.