MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary A
By: Representative Ford (73rd)
AN ACT TO CREATE THE MISSISSIPPI CONSUMER PRIVACY PROTECTION ACT; TO DEFINE TERMS; TO PROVIDE THAT THIS ACT APPLIES TO CERTAIN PERSONS CONDUCTING BUSINESS WITHIN THE STATE THAT EXCEEDS TWENTY-FIVE MILLION DOLLARS IN REVENUE; TO EXEMPT CERTAIN PERSONS AND CERTAIN DATA FROM THIS ACT; TO GRANT CONSUMERS THE RIGHT TO REQUEST A CONTROLLER OF THE CONSUMER'S PERSONAL INFORMATION TO GRANT ACCESS TO, CORRECT INACCURACIES IN, DELETE OR OPT OUT OF THE PROCESSING OF SUCH PERSONAL INFORMATION; TO PROVIDE THAT A CONSUMER MAY INVOKE THE CONSUMER RIGHTS GRANTED UNDER THIS ACT AT ANY TIME BY SUBMITTING A REQUEST TO A CONTROLLER OF PERSONAL INFORMATION; TO REQUIRE A CONTROLLER TO RESPOND TO A CONSUMER WITHIN AT LEAST FORTY-FIVE DAYS; TO REQUIRE A CONTROLLER TO ESTABLISH AN APPEAL PROCESS FOR A CONSUMER TO APPEAL THE CONTROLLER'S REFUSAL TO TAKE ACTION AS REQUESTED BY THE CONSUMER; TO REQUIRE A CONTROLLER TO ADOPT AND IMPLEMENT REASONABLE ADMINISTRATIVE, TECHNICAL AND PHYSICAL DATA SECURITY PRACTICES TO PROTECT THE CONFIDENTIALITY, INTEGRITY AND ACCESSIBILITY OF PERSONAL INFORMATION; TO REQUIRE THE CONTROLLER TO PROVIDE CONSUMERS WITH A REASONABLY ACCESSIBLE, CLEAR AND MEANINGFUL PRIVACY NOTICE, WHICH SHALL INCLUDE THE METHODS BY WHICH A CONSUMER CAN REQUEST TO EXERCISE THE RIGHTS GRANTED UNDER THIS ACT; TO REQUIRE A CONTROLLER WHO SELLS A CONSUMER'S PERSONAL INFORMATION TO THIRD PARTIES OR ENGAGES IN TARGETED ADVERTISING TO PROVIDE CLEAR AND CONSPICUOUS DISCLOSURE OF SUCH ACTIVITY TO A CONSUMER; TO REQUIRE PROCESSORS OF PERSONAL INFORMATION TO ASSIST CONTROLLERS IN THE DUTIES IMPOSED UNDER THIS ACT; TO REQUIRE CONTROLLERS TO CONDUCT AND DOCUMENT A DATA PROTECTION ASSESSMENT OF CERTAIN PROCESSING ACTIVITIES INVOLVING PERSONAL INFORMATION; TO REQUIRE A CONTROLLER IN POSSESSION OF DE-IDENTIFIED DATA TO TAKE REASONABLE MEASURES TO ENSURE THE DATA CANNOT BE ASSOCIATED WITH A NATURAL PERSON; TO PROVIDE THAT NOTHING IN THIS ACT RESTRICTS A CONTROLLER OR PROCESSOR'S ABILITY TO COMPLY WITH OTHER LAWS, INVESTIGATIONS OR LAW ENFORCEMENT REQUESTS, TO DEFEND LEGAL CLAIMS, TO PROVIDE CERTAIN PRODUCTS OR SERVICES SPECIFICALLY REQUESTED BY THE CONSUMER, TO PERFORM UNDER A VALID CONTRACT, TO RESPOND TO SECURITY INCIDENTS, OR TO ENGAGE IN SCIENTIFIC OR STATISTICAL RESEARCH; TO PROVIDE THAT NOTHING IN THIS ACT RESTRICTS A CONTROLLER OR PROCESSOR'S ABILITY TO USE DATA TO CONDUCT RESEARCH, EFFECTUATE A PRODUCT RECALL, RESPOND TO TECHNICAL ERRORS, OR PERFORM CERTAIN INTERNAL OPERATIONS; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL HAVE THE EXCLUSIVE AUTHORITY TO ENFORCE THIS ACT; TO AUTHORIZE THE ATTORNEY GENERAL TO INVESTIGATE POTENTIAL VIOLATIONS OF THIS ACT AND ISSUE CIVIL INVESTIGATIVE DEMANDS; TO PROVIDE CERTAIN RELIEF AND CIVIL PENALTIES FOR VIOLATIONS OF THIS ACT; TO AMEND SECTION 45-38-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REQUIREMENTS OF THE WALKER MONTGOMERY PROTECTING CHILDREN ONLINE ACT SHALL CONTROL IN THE CASE OF A CONFLICT WITH THIS ACT; TO BRING FORWARD SECTION 11-77-5, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Consumer Privacy Protection Act".
SECTION 2. As used in this act, the following terms have the meanings as defined in this section, unless the context clearly indicates otherwise:
(a) "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 purposes of this paragraph (a), the term "control" or "controlled" means:
(i) Ownership of, or the power to vote, more than fifty percent (50%) of the outstanding shares of a class of voting security of an entity;
(ii) Control in any manner over the election of a majority of the directors or of individuals exercising similar functions relative to an entity; or
(iii) The power to exercise controlling influence over the management of an entity.
(b) "Authenticate" means using reasonable means to verify that a consumer who is entitled to exercise the rights provided in Section 4 of this act is the same consumer who is requesting to exercise such consumer rights with respect to the personal information at issue.
(c) "Biometric data" means data generated by automatic measurement of an individual's biological characteristics, such as fingerprints, voiceprints, eye retinas or irises, or other unique biological patterns or characteristics that are used to identify a specific individual. This term does not include:
(i) A physical or digital photograph, video recording or audio recording or data generated from a photograph, video recording or audio recording;
(ii) Information captured and converted to a mathematical representation, including a numeric string or similar configuration, that cannot be used to recreate data generated by automatic measurement of an individual's biological patterns or characteristics used to identify the specific individual; or (iii) Information collected, used or stored for health care treatment, payment or operations under HIPAA.
(d) "Consent" means a clear affirmative act signifying a consumer's freely given, specific, informed and unambiguous agreement to process personal information relating to the consumer. This term includes, but is not limited to, a written statement, including a statement written by electronic means, or an unambiguous affirmative action.
(e) "Consumer" means an individual who is a resident of this state acting only in a personal context. This term does not include an individual acting in a commercial or employment context.
(f) "Controller" means the person that, alone or jointly with others, determines the purpose and means of processing personal information.
(g) "Decisions that produce legal or similarly significant effects concerning the consumer" means decisions made by the controller that result in the provision or denial by the controller of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services or access to basic necessities, such as food and water.
(h) "De-identified data" means data that cannot reasonably be linked to an identified or identifiable individual or to any device linked to such individual.
(i) "Health record" means written, printed or electronically recorded material that:
(i) In the course of providing health care services to an individual was created or is maintained by a health care facility; and
(ii) Concerns the individual and the health care services provided.
This term includes the substance of a communication made by an individual to a health care facility in confidence during or in connection with the provision of health care services or information otherwise acquired by the health care facility about an individual in confidence and in connection with the provision of health care services to the individual.
(j) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 (42 USC Section 1320d et seq.), the Health Information Technology for Economic and Clinical Health Act (Public Law 111-5), any subsequent amendments thereto and any regulations promulgated thereunder, including, but not limited to, 45 CFR Parts 160 and 164.
(k) "Identified or identifiable individual" means a natural person who can be readily identified, whether directly or indirectly.
(l) "Known child" means an individual who the controller has actual knowledge is under thirteen (13) years of age.
(m) "NIST" means the National Institute of Standards and Technology privacy framework entitled "A Tool for Improving Privacy through Enterprise Risk Management Version 1.0" or any subsequent version thereof.
(n) "Person" means any individual or entity.
(o) "Personal information" means information that is linked or reasonably linkable to an identified or identifiable individual. This term does not include information that:
(i) Is lawfully made available through federal, state or local government records, or information that a controller or processor has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to which the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience;
(ii) Does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used alone or in combination with other information to identify an individual; or
(iii) Is de-identified using a method no less secure than methods authorized under HIPAA.
(p) "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 directly identifies the specific location of a natural person with precision and accuracy within a radius of one thousand seven hundred fifty (1,750) feet. This term does not include the content of communications or data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.
(q) "Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal information or on sets of personal information, such as the collection, use, storage, disclosure, analysis, deletion or modification of personal information.
(r) "Processor" means a person that processes personal information on behalf of a controller.
(s) "Profiling" means a form of automated processing performed on personal information solely to evaluate, analyze or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
(t) "Pseudonymous data" means personal information that cannot be attributed to a specific individual without the use of additional information, provided that the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal information is not attributed to an identified or identifiable individual.
(u) "Sale of personal information" means the exchange of personal information for monetary or other valuable consideration by the controller to a third party. This term does not include:
(i) The disclosure of personal information to a processor that processes the personal information on behalf of the controller;
(ii) The disclosure of personal information to a third party for purposes of providing a product or service requested by the consumer;
(iii) The disclosure or transfer of personal information to an affiliate of the controller;
(iv) The disclosure of information that the consumer:
1. Intentionally made available to the general public via a channel of mass media; and
2. Did not restrict to a specific audience; or
(v) The disclosure or transfer of personal information to a third party as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which the third party assumes control of all or part of the controller's assets.
(v) "Sensitive data" means a category of personal information that includes:
(i) Personal information revealing an individual's racial or ethnic origin, religious belief, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status;
(ii) The processing of genetic data or biometric data for the purpose of uniquely identifying an individual;
(iii) The personal information collected from a known child; or
(iv) Precise geolocation data.
(w) "Targeted advertising" means displaying to a consumer an advertisement that is selected based on personal information obtained from such consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests. This term does not include:
(i) Advertisements based on activities within a controller's own websites or online applications;
(ii) Advertisements based on the context of a consumer's current search query, visit to a website, or online application;
(iii) Advertisements directed to a consumer in response to the consumer's request for information or feedback; or
(iv) Personal information processed solely for measuring or reporting advertising performance, reach or frequency.
(x) "Third party" means a person other than the consumer, controller, processor or an affiliate of the controller or processor.
SECTION 3. (1) This act applies to a person that conducts business in this state by producing products or services targeted to consumers of this state that exceeds Twenty-five Million Dollars ($25,000,000.00) in revenue and that:
(a) Controls or processes personal information of at least twenty-five thousand (25,000) consumers and derives more than fifty percent (50%) of gross revenue from the sale of personal information; or
(b) During a calendar year, controls or processes personal information of at least one hundred seventy-five thousand (175,000) consumers.
(2) This act does not apply to:
(a) A financial institution or an affiliate of a financial institution or data that is subject to Title V of the Gramm-Leach-Bliley Act (15 USC Section 6801 et seq.);
(b) A person licensed in this state under Title 83, Mississippi Code of 1972, to transact the business of insurance;
(c) A covered entity or business associate subject to HIPAA;
(d) An air carrier regulated by the United States Secretary of Transportation under 49 USC Section 41712 and exempt from state regulations under 49 USC Section 41713(b)(1);
(e) A nonprofit organization exempt from taxation under the Internal Revenue Code, codified in 26 USC Section 501 et seq.;
(f) Any agency or department of this state;
(g) Any county, municipality or other political subdivision of this state;
(h) Any public or private college or university in this state that does not engage in the sale of personal information;
(i) A public utility operating in this state under Title 77, Mississippi Code of 1972, that does not engage in the sale of personal information;
(j) Health records;
(k) Personally identifying information of a victim under Section 93-21-125;
(l) Mandatory reporters under Sections 43-21-353, 43-47-7, 43-47-37, 97-3-54.1, 97-5-51 or 97-29-49; or
(m) Data or personal information that is:
(i) Protected health information under HIPAA;
(ii) Health care related information that is de-identified in accordance with HIPAA;
(iii) Considered patient identifying information for purposes of 42 USC Section 290dd-2;
(iv) Private data kept or maintained by medical cannabis establishments under Section 41-137-49;
(v) Processed for purposes of:
1. Research conducted in accordance with the protection of human subjects under 45 CFR Part 46;
2. Human subjects research conducted in accordance with good clinical practice guidelines issued by the International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use; or
3. Research conducted in accordance with the protection of human subjects under 21 CFR Parts 50 and 56; (vi) Created for purposes of the Health Care Quality Improvement Act of 1986 (42 USC Section 11101 et seq.);
(vii) Considered patient safety work product for purposes of the Patient Safety and Quality Improvement Act (42 USC Section 299b-21 et seq.);
(viii) Included in a limited data set as described in 45 CFR Section 164.514(e), to the extent that the information is used, disclosed and maintained in the manner specified in 45 CFR Section 164.514(e);
(ix) Originated from, and intermingled to be indistinguishable with, or information treated in the same manner as, information exempt under this subsection (2) that is maintained by a covered entity or business associate subject to HIPAA or a qualified service organization as defined by 42 USC Section 290dd-2;
(x) Used only for public health activities and purposes as authorized by HIPAA;
(xi) Collected, maintained, disclosed, sold, communicated or used by a consumer reporting agency or furnisher that provides information regarding a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living 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 Fair Credit Reporting Act (15 USC Section 1681 et seq.);
(xii) Collected, processed or disclosed in compliance with the Driver's Privacy Protection Act of 1994 (18 USC Section 2721 et seq.);
(xiii) Regulated by the Family Educational Rights and Privacy Act (FERPA) (20 USC Section 1232g et seq.);
(xiv) Collected, processed or disclosed in compliance with the Farm Credit Act (12 USC Section 2001 et seq.); or
(xv) Maintained or used for purposes of compliance with the regulation of listed chemicals under the Controlled Substances Act (21 USC Section 830);
(xvi) Collected or processed in the course of an individual applying to, being 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;
(xvii) Collected or processed for use as the emergency contact information of an individual employed by or acting as an agent or independent contractor of a controller, processor or third party for use as emergency contact purposes with the consent of such individual; or
(xviii) Necessary to retain to administer benefits provided to an individual employed by or acting as an agent or independent contractor of a controller, processor or third party.
(3) Controllers and processors that comply with the verifiable parental consent requirements of the Children's Online Privacy Protection Act (15 USC Section 6501 et seq.) shall be deemed compliant with an obligation to obtain parental consent under this act.
(4) Nothing in this act shall be construed to:
(a) Conflict with the specific requirements for the management of health records;
(b) Require a controller, processor, third party or consumer to disclose trade secrets; or
(c) Modify the obligations imposed on digital service providers under Section 45-38-9.
SECTION 4. (1) (a) A consumer may invoke the consumer rights provided in paragraph (b) of this subsection at any time by submitting a request to a controller through a method provided by the controller pursuant to subsection (8) of this section. The consumer must specify the rights the consumer seeks to exercise in the request. The parent or legal guardian of a known child may exercise the consumer rights provided in paragraph (b) of this subsection on behalf of the known child regarding personal information belonging to the known child.
(b) A controller must comply with an authenticated consumer request to exercise the right to:
(i) Confirm whether a controller is processing the consumer's personal information and, if so, to access such personal information;
(ii) Correct inaccuracies in the consumer's personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information;
(iii) Delete personal information provided by or obtained regarding the consumer; however:
1. A controller is not required to delete information maintained or used as aggregate or de-identified data, provided that such data in the possession of the controller is not linked to a specific consumer; and
2. A controller that obtained personal information regarding a consumer from a source other than the consumer is in compliance with a consumer's request to delete such personal information if the controller retains a record of the deletion request and the minimum information necessary to ensure that the consumer's personal information remains deleted from the controller's records and does not use the retained personal information for any purpose prohibited under this act;
(iv) Obtain a copy of the consumer's personal information that the consumer previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit such personal information to another controller without undue delay or difficulty, where the processing is carried out by automated means; or
(v) Opt out of the processing of the consumer's personal information by the controller for purposes of:
1. Engaging in the sale of personal information regarding the consumer;
2. Targeted advertising; or
3. Profiling to inform decisions that produce legal or similarly significant effects concerning the consumer.
(2) Except as otherwise provided in this act, a controller must comply with an authenticated request by a consumer to exercise the rights provided in subsection (1) of this section as follows:
(a) A controller shall respond to the consumer without undue delay, but in all cases within forty-five (45) days of receipt of a request submitted pursuant to subsection (1) of this section. The response period may be extended once by forty-five (45) additional days when reasonably necessary, considering the complexity and number of the consumer's requests, if the controller informs the consumer of the extension within the initial forty-five (45) day response period and provides the reason for the extension;
(b) If a controller declines to take action regarding the consumer's request, the controller shall inform the consumer without undue delay, but in all cases within forty-five (45) days of receipt of the request, of the justification for declining to take action and instructions for how to appeal the decision pursuant to subsection (3) of this section;
(c) Information provided in response to a consumer request shall be provided by a controller without charge to the consumer, up to twice annually per consumer. If requests from a consumer are manifestly unfounded, technically infeasible, excessive or repetitive, the controller may charge the consumer a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request. The controller bears the burden of demonstrating the manifestly unfounded, technically infeasible, excessive or repetitive nature of the request; and
(d) If a controller is unable to authenticate the request using commercially reasonable efforts, the controller is not required to comply the request and may require the consumer to provide additional information reasonably necessary to authenticate the request before taking action.
(3) A controller shall establish a process for a consumer to appeal a controller's refusal to comply with a request, which shall be initiated by the consumer within a reasonable amount of time after receiving notice of such refusal. The appeal process shall be:
(a) Made available to the consumer in a conspicuous manner;
(b) Available at no cost to the consumer; and
(c) Similar to the process for submitting requests to initiate action pursuant to subsection (1) of this section. Within sixty (60) days of receipt of notice of an appeal, a controller shall inform the consumer in writing of the controller's decision to grant or deny the appeal and of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision. If the appeal is denied, the controller must also provide the consumer with an online method, if available, or other reasonably convenient method through which the consumer may contact the Attorney General to submit a complaint.
SECTION 5. (1) A controller shall limit the collection of personal information to what is adequate, relevant and reasonably necessary for the purposes for which the data is processed, as disclosed to the consumer. Except as provided in Section 9 of this act, a controller may not process personal information for purposes that are beyond what is adequate, relevant and reasonably necessary for the purposes for which the personal information is processed, as disclosed to the consumer, unless the controller obtains the consumer's consent.
(2) A controller shall create, maintain and comply with a written privacy program, as described in Section 11 of this act, consisting of administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of personal information. The data security practices shall be appropriate to the volume and nature of the personal information at issue.
(3) A controller may not discriminate against a consumer for exercising his or her rights as provided in Section 4 of this act, including, but not limited to, by denying goods or services to the consumer, charging higher prices or rates for goods or services to the consumer, or providing a lower level of quality of goods or services to the consumer. However, this subsection (3) does not require a controller to provide a product or service that requires the personal information of a consumer that the controller does not collect or maintain, or prohibit a controller from offering a different price, rate, level, quality or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised the right to opt out pursuant to Section 4 of this act or if the offer is related to a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discounts or club card program.
(4) A controller may not process sensitive data collected from a consumer for a nonexempt purpose without obtaining the consumer's consent, or, in the case of the processing of sensitive data concerning a known child, without processing the data in accordance with the Children's Online Privacy Protection Act (15 USC Section 6501 et seq.) and its implementing regulations and with Section 45-38-9 if the controller is a digital service provider subject to the Walker Montgomery Protecting Children Online Act.
(5) (a) A provision of a contract or agreement that waives or limits a consumer's rights as provided in Section 4 of this act is contrary to public policy and void as to that provision.
(b) This subsection (5) applies only to contracts entered into, amended or renewed on or after July 1, 2026.
(c) Nothing in this act shall prevent a consumer from declining to request information from a controller, declining to opt out of a controller's sale of the consumer's personal information, or authorizing a controller to sell the consumer's personal information after previously opting out.
(6) A controller shall provide a reasonably accessible, clear and meaningful privacy notice to consumers that includes:
(a) The categories of personal information processed by the controller;
(b) The purpose for processing personal information;
(c) How consumers may exercise their consumer rights under Section 4 of this act, including how a consumer may appeal a controller's decision with regard to the consumer's request;
(d) The categories of personal information that the controller sells to third parties, if any; and
(e) The categories of third parties, if any, with whom the controller engages in the sale of personal information.
(7) If a controller engages in the sale of personal information to third parties or processes personal information for targeted advertising, the controller must clearly and
conspicuously disclose the processing, as well as the manner in which a consumer may exercise the right to opt out of the processing.
(8) (a) A controller must provide, and must describe in the privacy notice required under subsection (6) of this section, one or more secure and reliable methods for a consumer to submit a request to exercise the consumer's rights as provided in Section 4 of this act. Such methods must account for:
(i) The ways in which a consumer normally interacts with the controller;
(ii) The need for secure and reliable communication of such requests; and
(iii) The controller's ability to authenticate the identity of the consumer making the request through a particular method.
(b) A controller may not require a consumer to create a new account in order to exercise the consumer's rights as provided in Section 4 of this act, but may require a consumer to use his or her existing account.
SECTION 6. (1) A processor must adhere to the instructions of a controller and assist the controller in meeting the controller's obligations under this act, including, but not limited to:
(a) Taking into account the nature of processing and the information available to the processor, by appropriate technical and organizational measures, insofar as reasonably practicable, to fulfill the controller's obligation to respond to consumer requests pursuant to Section 4 of this act; and
(b) By providing necessary information to enable the controller to conduct and document data protection assessments pursuant to Section 7 of this act.
(2) A contract between a controller and a processor shall govern the processor's data processing procedures with respect to processing performed on behalf of the controller. The contract shall be binding and shall clearly state the instructions for processing data, the nature and purpose of processing, the type of data subject to processing, the duration of processing, and the rights and obligations of both parties. The contract shall also require the processor to:
(a) Ensure that each person processing personal information is subject to a duty of confidentiality with respect to the data;
(b) At the controller's direction, delete or return all personal information to the controller as requested at the end of the provision of services, unless retention of the personal information is required by law;
(c) Upon the reasonable request of the controller, make available to the controller all information in its possession necessary to demonstrate the processor's compliance with the obligations under this act;
(d) Either:
(i) Allow, and cooperate with, reasonable assessments by the controller or the controller's designated assessor; or
(ii) Arrange for a qualified and independent assessor to conduct an assessment of the processor's policies and technical and organizational measures using an appropriate and accepted control standard or framework and assessment procedure for the assessments, and provide a report of each assessment to the controller upon request; and
(e) Engage a subcontractor pursuant to a written contract in that requires the subcontractor to meet the obligations of the processor with respect to the personal information.
(3) Nothing in this section shall relieve a controller or a processor from the liabilities imposed by virtue of the controller or processor's role in the processing relationship as described in subsection (2) of this section.
(4) Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which personal information is processed. A processor that continues to adhere to a controller's instructions with respect to a specific processing of personal information remains a processor.
SECTION 7. (1) For processing activities created or generated on or after July 1, 2026, a controller must conduct and document a data protection assessment of the following processing activities involving personal information:
(a) The processing of personal information for targeted advertising;
(b) The sale of personal information;
(c) The processing of personal information for profiling if the profiling presents a reasonably foreseeable risk of:
(i) Unfair or deceptive treatment of, or unlawful disparate impact on, consumers;
(ii) Financial, physical or reputational injury to consumers;
(iii) A physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers if the intrusion would be offensive to a reasonable person; or
(iv) Other substantial injury to consumers;
(d) The processing of sensitive data; and
(e) Processing activities involving personal information that present a heightened risk of harm to consumers. (2) Data protection assessments conducted pursuant to subsection (1) of this section must identify and weigh the benefits that may flow, directly and indirectly, to the controller, consumer, other stakeholders and/or the public as a result of the processing against the potential risks to the rights of the consumer associated with the processing, as mitigated by the safeguards employed by the controller to reduce such risks. The use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal information will be processed, shall be factored into this assessment by the controller.
(3) Data protection assessments are confidential and are not subject to public inspection under the Mississippi Public Records Act of 1983 (Section 25-61-1 et seq.).
(4) A single data protection assessment may address a comparable set of processing operations that include similar activities.
SECTION 8. (1) A controller in possession of de-identified data shall take reasonable measures to ensure that the data cannot be associated with a natural person and shall maintain any de-identified data in its de-identified form.
(2) Nothing in this act shall require a controller or processor to:
(a) Reidentify de-identified data or pseudonymous data; or
(b) Maintain data in identifiable form, or collect, obtain, retain or access data or technology, in order to be capable of associating an authenticated consumer request with personal information.
(3) Nothing in this act shall require a controller to comply with an authenticated consumer request, pursuant to Section 4 of this act, if:
(i) The controller is not reasonably capable of associating the request with the personal information, or it would be unreasonably burdensome for the controller to associate the request with the personal information;
(ii) The controller does not use the personal information to recognize or respond to the specific consumer who is the subject of the personal information, or associate the personal information with other personal information about the same specific consumer; and
(iii) The controller does not engage in the sale of personal information to a third party or otherwise voluntarily disclose the personal information to a third party other than a processor, except as otherwise permitted in this act.
(4) The consumer rights provided in Section 4 of this act do not apply to pseudonymous data in cases where the controller is able to demonstrate that the information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing that information.
(5) A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address breaches of those contractual commitments.
SECTION 9. (1) Nothing in this act shall restrict a controller or processor's ability to:
(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 the parent or legal guardian of a known child, perform a contract to which the consumer or the parent or legal guardian of a known child is a party, including fulfilling the terms of a written warranty, or take steps at the request of the consumer or the parent or legal guardian of a known child before 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;
(g) Prevent, detect, protect against or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activity, or illegal activity;
(h) Preserve the integrity or security of systems;
(i) Investigate, report or prosecute those responsible for security incidents or illegal activity;
(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 entity that determines whether:
(i) Deletion of the information is likely to provide substantial benefits that do not exclusively accrue to the controller;
(ii) The expected benefits of the research outweigh the privacy risks; and
(iii) The controller has implemented reasonable safeguards to mitigate privacy risks associated with the research, including risks associated with re-identification; or
(k) Assist another controller, processor or third party with the obligations under this act.
(2) The obligations imposed on controllers or processors under this act shall not restrict a controller or processor's ability to collect, use or retain data to:
(a) Conduct internal research to develop, improve or repair products, services or technology;
(b) Effectuate a product recall;
(c) Identify and repair technical errors that impair existing or intended functionality;
(d) Authenticate an individual for the purpose of allowing access to a secure location or facility; or
(e) 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 to provide a product or service specifically requested by a consumer or to perform under a contract to which the consumer is a party.
(3) The obligations imposed on controllers or processors under this act shall not apply if compliance would violate an evidentiary privilege under the laws of this state. Nothing in this act shall prevent a controller or processor from providing personal information concerning a consumer to a person covered by an evidentiary privilege under the laws of this state as part of a privileged communication.
(4) (a) A controller or processor that discloses personal information to a third-party controller or processor, in compliance with the requirements of this act, shall not be in violation of this act if the third-party controller or processor that receives and processes the personal information is in violation of this act, provided that, at the time of disclosing the personal information, the disclosing controller or processor did not have actual knowledge that the recipient intended to commit a violation.
(b) A third-party controller or processor receiving personal information from a controller or processor in compliance with the requirements of this act is not in violation of this act for the violations of the controller or processor from which it receives such personal information, provided that, at the time of receiving the personal information, the receiving third-party controller or processor did not have actual knowledge of the violation committed by the controller or processor from which the information was received.
(5) Nothing in this act shall be construed as an obligation imposed on a controller or a processor that adversely affects the rights or freedoms of a person pursuant to the First Amendment to the United States Constitution, or that applies to the processing of personal information by a person in the course of a purely personal activity.
(6) A controller may not process personal information for purposes other than those expressly listed in this act or otherwise allowed by this act. Personal information processed by a controller pursuant to this section may be processed to the extent that the processing is:
(a) Reasonably necessary and proportionate to the purposes listed in this act; and
(b) Adequate, relevant and limited to what is necessary in relation to the specific purposes listed in this act.
(7) Personal information shall be subject to reasonable administrative, technical and physical measures to protect the confidentiality, integrity and accessibility of the personal information and to reduce reasonably foreseeable risks of harm to consumers relating to the collection, use or retention of personal information.
SECTION 10. (1) (a) The Attorney General has the exclusive authority to enforce this act. If the Attorney General has reasonable cause to believe that a person has engaged in, is engaging in, or is about to engage in a violation of this act, the Attorney General may issue a civil investigative demand, conduct a civil investigation and/or bring civil action.
(b) The Attorney General may request, pursuant to a civil investigative demand, that a controller disclose a data protection assessment conducted under Section 7 of this act that is relevant to an investigation conducted by the Attorney General, and the controller shall make the data protection assessment available to the Attorney General. The Attorney General shall evaluate the data protection assessment for compliance with the responsibilities set forth in this act. The disclosure of a data protection assessment pursuant to a request from the Attorney General shall not constitute a waiver of attorney-client privilege or work-product protection with respect to the assessment and information contained in the assessment.
(2) Before initiating an action under this section, the Attorney General shall provide a controller or processor with sixty (60) days' written notice identifying the specific provisions of this act that the Attorney General alleges have been or are being violated. If, within the sixty-day period, the controller or processor cures the noticed violation and provides the Attorney General with an express written statement that the alleged violations have been cured and that no such further violations shall occur, the Attorney General shall not initiate an action against the controller or processor; however, if a controller or processor continues to violate this act following the sixty-day period provided or breaches an express written statement provided to the Attorney General, the Attorney General may bring an action in a court of competent jurisdiction seeking any of the following relief:
(a) Declaratory judgment;
(b) Injunctive relief, including preliminary and permanent injunctions;
(c) Civil penalties of up to Seven Thousand Five Hundred Dollars ($7,500.00) for each violation of this act;
(d) Reasonable attorney's fees and investigative costs; or
(e) Other relief the court determines appropriate.
(3) Nothing in this act shall be construed as providing the basis for, or be subject to, a private right of action for violations of this act or under any other law.
SECTION 11. (1) A controller or processor shall have an affirmative defense to a cause of action for a violation of this act if the controller or processor creates, maintains and complies with a written privacy program that:
(a) Reasonably conforms to the NIST or comparable privacy framework designed to safeguard consumer privacy;
(b) Is updated to reasonably conform with a subsequent revision to the NIST or comparable privacy framework within two (2) years of the publication date stated in the most recent revision to the NIST or comparable privacy framework; and
(c) Provides a person with the substantive rights required by this act.
(2) The scale and scope of a controller or processor's privacy program under subsection (1) of this section shall account for the following factors:
(a) The size and complexity of the controller or processor's business;
(b) The nature and scope of the activities of the controller or processor;
(c) The sensitivity of the personal information processed;
(d) The cost and availability of tools to improve privacy protections and data governance; and
(e) Compliance with a comparable state or federal law, if applicable.
SECTION 12. Section 45-38-9, Mississippi Code of 1972, is amended as follows:
45-38-9. (1) A digital service provider that enters into an agreement with a known minor for access to a digital service shall:
(a) Limit collection of the known minor's personal identifying information to information reasonably necessary to provide the digital service; and
(b) Limit use of the known minor's personal identifying information to the purpose for which the information was collected.
(2) A digital service provider that enters into an agreement with a known minor for access to a digital service may not:
(a) Use the digital service to collect the known minor's precise geolocation data;
(b) Use the digital service to display targeted advertising involving harmful material to the known minor; or
(c) Share, disclose or sell the known minor's personal identifying information unless required to:
(i) Comply with a civil, criminal or regulatory inquiry, investigation, subpoena or summons by a governmental entity;
(ii) Comply with a law enforcement investigation;
(iii) Detect, block or prevent the distribution of unlawful, obscene or other harmful material to a known minor;
(iv) Block or filter spam;
(v) Prevent criminal activity; or
(vi) Protect the security of a digital service.
(3) In the case of a conflict between this section and Sections 4 through 9 of this act, this section shall control.
SECTION 13. Section 11-77-5, Mississippi Code of 1972, is brought forward as follows:
11-77-5. (1) Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall be held liable if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.
(2) Any commercial entity or third party that performs the required age verification shall not retain any identifying information of the individual after access has been granted to the material.
(3) (a) Any commercial entity that is found to have violated this section shall be liable to an individual for damages resulting from a minor's accessing the material, including court costs and reasonable attorney fees as ordered by the court.
(b) A commercial entity that is found to have knowingly retained identifying information of the individual after access has been granted to the individual shall be liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court.
SECTION 14. This act shall take effect and be in force from and after July 1, 2026.