[Effective 7/1/2025]

(a) The controller in possession of de-identified data shall:

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Terms Used In Tennessee Code 47-18-3308

  • Controller: means the natural or legal person that, alone or jointly with others, determines the purpose and means of processing personal information. See Tennessee Code 47-18-3302
  • De-identified data: means data that cannot reasonably be linked to an identified or identifiable natural person, or a device linked to that individual. See Tennessee Code 47-18-3302
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-2102
  • Processor: means a natural or legal entity that processes personal information on behalf of a controller. See Tennessee Code 47-18-3302
  • Pseudonymous data: means personal information that cannot be attributed to a specific natural person without the use of additional information, so long as 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 natural person. See Tennessee Code 47-18-3302
  • 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. See Tennessee Code 47-18-3302
(1) Take reasonable measures to ensure that the data cannot be associated with a natural person;
(2) Publicly commit to maintaining and using de-identified data without attempting to reidentify the data; and
(3) Contractually obligate recipients of the de-identified data to comply with this part.
(b) This section does not require a controller or processor to:

(1) Reidentify de-identified data or pseudonymous data;
(2) 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; or
(3) Comply with an authenticated consumer rights request, pursuant to § 47-18-3304, if:

(A) 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;
(B) 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
(C) The controller does not sell the 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 section.
(c) The consumer rights contained in §§ 47-18-3304 and 47-18-3305 do not apply to pseudonymous data in cases where the controller is able to demonstrate 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.
(d) 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.
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