LANSING, Mich. (Dec. 13, 2024) — Yesterday, the Michigan Senate voted to pass Senate Bills 659 and 888–892, legislation sponsored by Sen. Rosemary Bayer (D-West Bloomfield) to establish consumers’ rights related to the collection and use of personal data, expand the definition of “personal data” to include health and biometric information, such as fingerprints and facial recognition, and provide consumers with legal recourse if a data breach has, or may have, occurred.
“With continued advancements in technology, we are entrusting businesses, healthcare providers and more with our personal and private information, and that data can be exploited in the wrong hands,” said Sen. Bayer. “I knew this was a problem, but the breadth and severity of the impact hit home when it happened to me — and it inspired my determination to help prevent this from happening to anyone else. This legislation will better protect consumers’ data and strengthen their rights around that.”
Senate Bill 659 would establish critical safeguards for Michiganders’ personal data by requiring data collectors to provide clear privacy notices outlining how and why they process consumer data. Additionally, it empowers the Attorney General to enforce these protections by initiating civil actions against violators and creating the Data Broker Registry to enhance transparency. The bill also establishes two dedicated funds to administer its provisions, ensuring robust enforcement and consumer protection.
In addition, Senate Bills 888-892 would require that entities investigate and notify affected consumers as well as the Attorney General’s office if the number of affected consumers exceeds 100. And, if a consumer’s Social Security number or taxpayer ID is compromised, the company must provide affected consumers with free identify theft protection and mitigation services for two years.
Thirty-seven other states currently require that entities notify the Attorney General when data breaches occur. The passage of this legislation tonight will enable Michigan to catch up with the nation on this and better support affected consumers.