Law / United States /
Rhode Island
Rhode Island Data Transparency and Privacy Protection Act, publicly available information exemption
In force since .
A personal data rule binding private bodies.
- Audit expectation
- none
What it requires
- Personal data that is lawfully made available through a government record, or that you have a reasonable basis to believe a Rhode Island customer has lawfully made available to the public through widely distributed media, falls outside RIDTPPA's definition of personal data.
- Do not treat personal data scraped from an aggregator, people-search site, or re-hosted directory as publicly available under RIDTPPA; the exemption has no prong for a third party's unrestricted disclosure of someone else's data.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
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
What it makes you log
Logging duty
The cited paragraph is a definition that takes publicly available information out of personal data and states no record duty. The chapter's other sections are not cited by this row and are not coded on it. The definition has no territorial clause.
- Kind
- None
- As of
What this law does
RIDTPPA's definition of "personal data" at section 6-48.1-2(18) excludes "publicly available information," defined at (24) as information that is lawfully made available through federal, state, or municipal government records or widely distributed media, or that a controller has a reasonable basis to believe a customer has lawfully made available to the general public.
Unlike California's four-prong CCPA exemption, Rhode Island's exemption has no separate prong reaching information a third party (rather than the data subject) disclosed without restricting the audience, so personal data a scraper pulls from a re-hosted directory or an aggregator that is neither a government record nor the data subject's own act falls outside the exemption and inside RIDTPPA's reach for a controller the Act otherwise covers.
RIDTPPA applies only to for-profit entities that conduct business in, or target products or services to, Rhode Island residents and meet its 35,000-customer or 10,000-customer-plus-20-percent-revenue thresholds; its enforcement and further customer-rights detail are researched in this jurisdiction's privacy topic document.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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