Law note · Alabama
Alabama Personal Data Protection Act (HB 351), Attorney General enforcement
Once in force, the Alabama Attorney General will have exclusive authority to enforce APDPA. Before any enforcement action, the Attorney General must issue a written notice of violation to the controller; if the controller corrects the violation within 45 days and provides a written statement confirming the cure and that no further violations will occur, no action may be initiated. An uncured violation is subject to a court-assessed civil penalty of not more than $15,000 per violation. The Act creates no private right of action.
What it asks of an app
- This duty does not yet bind. APDPA's effective date is May 1, 2027.
- Expect APDPA to be enforced exclusively by the Alabama Attorney General. It creates no private right of action.
- Cure a noticed violation within 45 days and provide a written statement confirming the cure to avoid a civil penalty of not more than $15,000 per violation; the Attorney General must give this 45-day cure notice before bringing any enforcement action.
When LexLint raises it
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Primary source: enrolled bill text, Alabama Legislative Information System (ALISON)