Law / United States / Alabama

Alabama Personal Data Protection Act (HB 351), consumer rights

Ala. HB 351, 2026 Regular Session, Secs. 5-6

A data subject rights rule binding private bodies.

Audit expectation
on_request
Who audits it
Regulator

What it requires

  • Give an Alabama consumer a means to confirm processing, access, correct, delete, and receive a portable copy of their personal data, free of charge once every 12 months.
  • Offer an Alabama consumer an opt-out of targeted advertising, the sale of personal data, and profiling in furtherance of a solely automated decision with a significant effect.
  • Respond to a consumer rights request within 45 days of receipt, with one 45-day extension available when reasonably necessary. This Act has no separate appeal-of-refusal mechanism.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST Privacy Framework
  • CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Who enforces it

Settledness

As of
Open questions
Must a controller honor an opt-out preference signal that a consumer's browser or device sends, given that Section 6(c)(1) of the Alabama Personal Data Protection Act refers to a signal "sent in accordance with this section" but no provision of the Act describes or requires one?

What it makes you log

Who may demand the log

Regulator

Logging duty

A controller may deny an opt-out request only on a good faith, reasonable and documented belief that the request is fraudulent or not authorized, which cannot be shown without a written record of the belief, and on inquiry by an enforcement authority the controller must carry the burden of showing that a request it refused or charged for met one of the listed grounds. The text names no field of the record, sets no retention period and sets no audit schedule. Section 5(d)(5)(a) treats a controller as compliant with a deletion request if it kept a record of the request and the minimum data needed to keep the data deleted, which is an option and not a duty. The scope clause in section 3 is not cited, so no territorial hook is taken from it.

Kind
Implicit
As of
Provision
HB 351 section 5(d)(4) (a documented belief that an opt-out request is fraudulent) and section 5(d)(3) (the controller's burden, on inquiry by an enforcement authority, of showing that a request was manifestly unfounded, excessive, technically infeasible or repetitive)
Trigger
consent_or_optout

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

APDPA gives an Alabama consumer the right to confirm and access their personal data, correct inaccuracies, delete data, obtain a portable copy, and opt out of targeted advertising, the sale of personal data, and profiling in furtherance of a solely automated decision with a legal or similarly significant effect.

A controller must respond within 45 days of receipt, with one 45-day extension available when reasonably necessary, free of charge once per 12-month period; a controller may charge a reasonable fee or decline a manifestly unfounded, excessive, technically infeasible, or repetitive request, with the burden on the controller to show that. The Act provides no separate appeal-of-refusal mechanism.

A parent or guardian may exercise a known child's rights, and a guardian or conservator may exercise an incapacitated consumer's rights.

When LexLint raises it

When your app profile says your app makes high-risk automated decisions or processes personal data.

Back to the example  ·  Lint your app

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