As used in
this chapter, unless the context otherwise requires:
1. “Affiliate” means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common
branding with another legal entity. For the purposes of this definition, “control” or “controlled” means: a. Ownership of, or the power to vote, more than fifty percent of the outstanding shares of any class of voting security of a
company.
b. Control in any manner over the election of a majority of the directors or of individuals exercising similar functions.
c. The power to exercise controlling influence over the management of a company.
2. “Aggregate data” means information that relates to a group or category of consumers, from which individual consumer identities have been removed,
that is not linked or reasonably linkable to any consumer.
3. “Authenticate” means verifying through reasonable means that a consumer, entitled to exercise their consumer rights in section 715D.3, is the same consumer exercising such consumer rights with respect to the personal data at issue.
4. “Biometric data” means data generated by automatic measurements of an individual’s biological characteristics, such as a fingerprint, voiceprint,
eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual.
“Biometric data” does not include a physical or digital photograph, a video or audio recording or data generated therefrom, or information
collected, used, or stored for health care treatment, payment, or operations under HIPAA.
5. “Child” means any natural person younger than thirteen years of age.
6. “Consent” means a clear affirmative act signifying a consumer’s freely given, specific, informed, and unambiguous agreement to process
personal data relating to the consumer. “Consent” may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative
action.
7. “Consumer” means a natural person who is a resident of the state acting only in an individual or household context and excluding a natural
person acting in a commercial or employment context.
8. “Controller” means a person that, alone or jointly with others, determines the purpose and means of processing personal data.
9. “Covered entity” means the same as “covered entity” defined by HIPAA.
10. “De-identified data” means data that cannot reasonably be linked to an identified or identifiable natural person.
11. “Fund” means the consumer education and litigation fund established pursuant to section 714.16C.
12. “Health care provider” means any of the following: a. A general hospital, ambulatory surgical or treatment center, skilled nursing center, or assisted living center licensed or
certified by the state.
b. A psychiatric hospital licensed by the state.
c. A hospital operated by the state.
d. A hospital operated by the state board of regents.
e. A person licensed to practice medicine or osteopathy in the state.
f. A person licensed to furnish health care policies or plans in the state.
g. A person licensed to practice dentistry in the state.
h. “Health care provider” does not include a continuing care retirement community or any nursing facility of a religious body which depends upon prayer
alone for healing.
13. “Health Insurance Portability and Accountability Act” or “HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, including amendments thereto and regulations promulgated thereunder.
14. “Health record” means any written, printed, or electronically recorded material maintained by a health care provider in the course of providing
health services to an individual concerning the individual and the services provided, including related health information
provided in confidence to a health care provider.
15. “Identified or identifiable natural person” means a person who can be readily identified, directly or indirectly.
16. “Institution of higher education” means nonprofit private institutions of higher education and proprietary private institutions of higher education in the
state, community colleges, and each associate-degree-granting and baccalaureate public institutions of higher education in
the state.
17. “Nonprofit organization” means any corporation organized under chapter 504, any organization exempt from taxation under sections 501(c)(3), 501(c)(6), or 501(c)(12) of the Internal Revenue Code, any organization exempt from taxation under section 501(c)(4) of the Internal Revenue Code that is established to detect or prevent insurance-related crime or fraud, and any subsidiaries and affiliates of entities
organized pursuant to chapter 499.
18. “Personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person. “Personal data” does not include de-identified or aggregate data or publicly available information.
19. “Precise geolocation data” means information derived from technology, including but not limited to global positioning system level latitude and longitude
coordinates or other mechanisms, that identifies the specific location of a natural person with precision and accuracy within
a radius of one thousand seven hundred fifty feet. “Precise geolocation data” does not include the content of communications, or any data generated by or connected to utility metering infrastructure
systems or equipment for use by a utility.
20. “Process” or “processing” means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of
personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.
21. “Processor” means a person that processes personal data on behalf of a controller.
22. “Protected health information” means the same as protected health information established by HIPAA.
23. “Pseudonymous data” means personal data that cannot be attributed to a specific natural person without the use of additional information, provided
that such additional information is kept separately and is subject to appropriate technical and organizational measures to
ensure that the personal data is not attributed to an identified or identifiable natural person.
24. “Publicly available information” means information that is lawfully made available through federal, state, or local government records, or information that
a business has reasonable basis to believe is lawfully made available to the general public through widely distributed media,
by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the
information to a specific audience.
25. “Sale of personal data” means the exchange of personal data for monetary consideration by the controller to a third party. “Sale of personal data” does not include: a. The disclosure of personal data to a processor that processes the personal data on behalf of the controller.
b. The disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer
or a parent of a child.
c. The disclosure or transfer of personal data to an affiliate of the controller.
d. The disclosure of information that the consumer intentionally made available to the general public via a channel of mass media
and did not restrict to a specific audience.
e. The disclosure or transfer of personal data when a consumer uses or directs a controller to intentionally disclose personal
data or intentionally interact with one or more third parties.
f. The disclosure or transfer of personal data to a third party as an asset that is part of a proposed or actual merger, acquisition,
bankruptcy, or other transaction in which the third party assumes control of all or part of the controller’s assets.
26. “Sensitive data” means a category of personal data that includes the following: a. Racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration
status, except to the extent such data is used in order to avoid discrimination on the basis of a protected class that would
violate a federal or state anti-discrimination law.
b. Genetic or biometric data that is processed for the purpose of uniquely identifying a natural person.
c. The personal data collected from a known child.
d. Precise geolocation data.
28. “Targeted advertising” means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that
consumer’s activities over time and across nonaffiliated websites or online applications to predict such consumer’s preferences
or interests. “Targeted advertising” does not include the following: a. Advertisements based on activities within a controller’s own or affiliated websites or online applications.
b. Advertisements based on the context of a consumer’s current search query, visit to a website, or online application.
c. Advertisements directed to a consumer in response to the consumer’s request for information or feedback.
d. Processing personal data solely for measuring or reporting advertising performance, reach, or frequency.
29. “Third party” means a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an
affiliate of the processor or the controller.
30. “Trade secret” means information, including but not limited to a formula, pattern, compilation, program, device, method, technique, or process,
that consists of the following: a. Information that derives independent economic value, actual or potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
b. Information that is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
715D.2 Scope and exemptions.
1. This chapter applies to a person conducting business in the state or producing products or services that are targeted to consumers who
are residents of the state and that during a calendar year does either of the following: a. Controls or processes personal data of at least one hundred thousand consumers.
b. Controls or processes personal data of at least twenty-five thousand consumers and derives over fifty percent of gross revenue
from the sale of personal data.
2. This chapter shall not apply to the state or any political subdivision of the state; financial institutions, affiliates of financial institutions,
or data subject to Tit. V of the federal Gramm-Leach-Bliley Act of 1999, 15 U.S.C. §6801 et seq.; persons who are subject to and comply with regulations promulgated pursuant to Tit. II, subtit. F, of the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and Tit. XIII, subtit. D, of the federal Health Information Technology for Economic and Clinical Health Act of 2009, 42 U.S.C. §17921 – 17954; nonprofit organizations; or institutions of higher education.
3. The following information and data is exempt from this chapter: a. Protected health information under HIPAA.
b. Health records.
c. Patient identifying information for purposes of 42 U.S.C. §290dd-2.
d. Identifiable private information for purposes of the federal policy for the protection of human subjects under 45 C.F.R. pt. 46.
e. Identifiable private information that is otherwise information collected as part of human subjects research pursuant to the
good clinical practice guidelines issued by the international council for harmonization of technical requirements for pharmaceuticals
for human use.
g. Personal data used or shared in research conducted in accordance with the requirements set forth in this chapter, or other research conducted in accordance with applicable law.
h. Information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986, 42 U.S.C. §11101 et seq.
i. Patient safety work product for purposes of the federal Patient Safety and Quality Improvement Act, 42 U.S.C. §299b-21 et seq.
j. Information derived from any of the health care-related information listed in this subsection that is de-identified in accordance with the requirements for de-identification pursuant to HIPAA.
k. Information originating from, and intermingled to be indistinguishable with, or information treated in the same manner as
information exempt under this subsection that is maintained by a covered entity or business associate as defined by HIPAA or a program or a qualified service organization
as defined by 42 U.S.C. §290dd-2.
l. Information used only for public health activities and purposes as authorized by HIPAA.
m. The collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer’s credit
worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by
a consumer reporting agency or furnisher that provides information for use in a consumer report, and by a user of a consumer
report, but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act, 15 U.S.C. §1681 et seq.
n. Personal data collected, processed, sold, or disclosed in compliance with the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. §2721 et seq.
o. Personal data regulated by the federal Family Educational Rights and Privacy Act, 20 U.S.C. §1232 et seq.
p. Personal data collected, processed, sold, or disclosed in compliance with the federal Farm Credit Act, 12 U.S.C. §2001 et seq.
q. Data processed or maintained as follows: (1) In the course of an individual applying to, employed by, or acting as an agent or independent contractor of a controller,
processor, or third party, to the extent that the data is collected and used within the context of that role.
(2) As the emergency contact information of an individual under this chapter used for emergency contact purposes.
(3) That is necessary to retain to administer benefits for another individual relating to the individual under subparagraph (1)
and used for the purposes of administering those benefits.
r. Personal data used in accordance with the federal Children’s Online Privacy Protection Act, 15 U.S.C. §6501 – 6506, and its rules, regulations, and exceptions thereto.
1. Nothing in this chapter shall be construed to restrict a controller’s or processor’s ability to do the following: a. Comply with federal, state, or local laws, rules, or regulations.
b. Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, local, or other
governmental authorities.
c. Cooperate with law enforcement agencies concerning conduct or activity that the controller or processor reasonably and in
good faith believes may violate federal, state, or local laws, rules, or regulations.
d. Investigate, establish, exercise, prepare for, or defend legal claims.
e. Provide a product or service specifically requested by a consumer or parent or guardian of a child, perform a contract to
which the consumer or parent or guardian of a child is a party, including fulfilling the terms of a written warranty, or take
steps at the request of the consumer or parent or guardian of a child prior to entering into a contract.
f. Take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or of another
natural person, and where the processing cannot be manifestly based on another legal basis.
g. Prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive
activities, or any illegal activity.
h. Preserve the integrity or security of systems.
i. Investigate, report, or prosecute those responsible for any such action.
j. Engage in public or peer-reviewed scientific or statistical research in the public interest that adheres to all other applicable
ethics and privacy laws and is approved, monitored, and governed by an institutional review board, or similar independent
oversight entities that determine the following: (1) If the deletion of the information is likely to provide substantial benefits that do not exclusively accrue to the controller.
(2) The expected benefits of the research outweigh the privacy risks.
(3) If the controller has implemented reasonable safeguards to mitigate privacy risks associated with research, including any
risks associated with re-identification.
k. Assist another controller, processor, or third party with any of the obligations under this subsection.
2. The obligations imposed on a controller or processor under this chapter shall not restrict a controller’s or processor’s ability to collect, use, or retain data as follows: a. To conduct internal research to develop, improve, or repair products, services, or technology.
b. To effectuate a product recall.
c. To identify and repair technical errors that impair existing or intended functionality.
d. To perform internal operations that are reasonably aligned with the expectations of the consumer or reasonably anticipated
based on the consumer’s existing relationship with the controller or are otherwise compatible with processing data in furtherance
of the provision of a product or service specifically requested by a consumer or parent or guardian of a child or the performance
of a contract to which the consumer or parent or guardian of a child is a party.
3. The obligations imposed on controllers or processors under this chapter shall not apply where compliance by the controller or processor with this chapter would violate an evidentiary privilege under the laws of the state. Nothing in this chapter shall be construed to prevent a controller or processor from providing personal data concerning a consumer to a person covered
by an evidentiary privilege under the laws of the state as part of a privileged communication.
4. A controller or processor that discloses personal data to a third-party controller or processor, in compliance with the requirements
of this chapter, is not in violation of this chapter if the third-party controller or processor that receives and processes such personal data is in violation of this chapter, provided that, at the time of disclosing the personal data, the disclosing controller or processor did not have actual knowledge
that the recipient intended to commit a violation. A third-party controller or processor receiving personal data from a controller
or processor in compliance with the requirements of this chapter is likewise not in violation of this chapter for the offenses of the controller or processor from which it receives such personal data.
5. Nothing in this chapter shall be construed as an obligation imposed on a controller or a processor that adversely affects the privacy or other rights
or freedoms of any persons, such as exercising the right of free speech pursuant to the first amendment to the United States
Constitution, or applies to personal data by a person in the course of a purely personal or household activity.
6. Personal data processed by a controller pursuant to this section shall not be processed for any purpose other than those expressly listed in this section unless otherwise allowed by this chapter. Personal data processed by a controller pursuant to this section may be processed to the extent that such processing is as follows: a. Reasonably necessary and proportionate to the purposes listed in this section.
b. Adequate, relevant, and limited to what is necessary in relation to the specific purposes listed in this section. Personal data collected, used, or retained pursuant to this section shall, where applicable, take into account the nature and purpose or purposes of such collection, use, or retention. Such
data shall be subject to reasonable administrative, technical, and physical measures to protect the confidentiality, integrity,
and accessibility of the personal data.
7. If a controller processes personal data pursuant to an exemption in this section, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the
requirements in subsection 6.
8. Processing personal data for the purposes expressly identified in subsection 1 shall not in and of itself make an entity a controller with respect to such processing.
9. This chapter shall not require a controller, processor, third party, or consumer to disclose trade secrets.