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Navigating the Tennessee Information Protection Act (TIPA): Key Details

In this infographic, you will learn:

  • Scope, applicability and exemptions under TIPA,
  • Key definitions and organizational obligations,
  • Data processor responsibilities and data subject rights,
  • Noncompliance penalties and how to operationalize TIPA.

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Tennessee enacted the Tennessee Information Protection Act (TIPA), becoming one of the U.S. states with a comprehensive data privacy law. TIPA incorporates standard provisions found in other state data privacy laws but stands out by emphasizing an affirmative defense for organizations that adopt strict data privacy practices aligned with the NIST privacy framework.

TIPA is similar to data privacy laws in Virginia and Indiana but stricter in some aspects, such as granting Tennessee courts the authority to award treble damages for willful or knowing violations. The legislation received unanimous approval from the State General Assembly and was signed into law by Governor Bill Lee on May 11, 2023. It will take effect on July 1, 2025.

TIPA outlines several obligations for organizations, such as purpose limitation, non-discrimination, security measures, consent requirements and privacy notice requirements, and conducting data protection assessments, among several other requirements. It also provides data subjects with several rights, such as the right to access, correct, delete, portability, disclosure and opt-out.

Navigating the Tennessee Information Protection Act

Frequently Asked Questions

Tennessee Information Protection Act (TIPA) is a state data privacy law in Tennessee. It applies to businesses operating in Tennessee or targeting its residents if they generate over $25 million in annual revenue and either process the personal information of at least 175,000 consumers annually or handle the personal data of at least 25,000 consumers while deriving more than 50% of their gross revenue from selling personal information.

The Tennessee Attorney General & Reporter (AGR) holds exclusive authority to enforce TIPA. The AGR can initiate investigations based on reasonable cause arising from their own inquiries or consumer and public complaints and may issue civil investigative demands.

Courts can impose civil penalties of up to $15,000 per violation, with each provision and each impacted consumer considered a separate violation.

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