Alabama § 8-44-9

§ 8-44-9.

(a) Any controller in possession of deidentified data shall do all of the following:

(1) Take measures to ensure that the deidentified data cannot reasonably be associated with an individual.

(2) Refrain from reidentifying the deidentified data when maintaining and using deidentified data.

(3) Contractually obligate any recipients of the deidentified data to comply with all provisions of this section.

(b) Nothing in this chapter may be construed to require a controller to do any of the following:

(1) Reidentify deidentified data or pseudonymous data.

(2) Maintain deidentified data in an identifiable form.

(3) Collect, obtain, retain, or access any identifiable data associated with deidentified data solely for purposes of authenticating a potential consumer request regarding personal data.

(c) Nothing in this chapter may be construed to require a controller or processor to comply with an authenticated consumer rights request if the controller or processor:

(1) Is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome to associate the request with the personal data;

(2) Does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and

(3) Does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor or subprocessor, except as otherwise permitted in this section.

(d) The rights afforded under Section 8-44-5 may not apply to pseudonymous data in cases in which the controller is able to demonstrate that any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing the information.

(e) A controller that discloses pseudonymous data or deidentified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or deidentified data is subject and shall take appropriate steps to address any breaches of those contractual commitments.