Law / United States / Tennessee

Tennessee Information Protection Act (TIPA), general applicability

Tenn. Code Ann. §§ 47-18-3201 to 47-18-3214

In force since .

A comprehensive regime rule binding private bodies.

How the hook was established
express
What makes it apply
Operator establishment, Market targeting, Data subject residence
Audit expectation
on_request
Who audits it
Regulator
Where the report goes
Produced on request

What it requires

  • Confirm TIPA's applicability thresholds and sector exemptions reach your business before assuming coverage or exemption either way.
  • Use as TIPA's general effective date, not . An earlier engrossed print of the enacting bill carried the 2024 date, but the final signed Public Chapter moved it to 2025.

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

Who enforces it

Settledness

As of
Open questions
Is the "twenty-five million dollars ($25,000,000) in revenue" test in Tenn. Code Ann. § 47-18-3202 measured on a person's worldwide revenue or only on revenue from Tennessee, and over which period?

What it makes you log

Who may demand the log

Regulator

What the log must hold

Decision basis

Logging duty

A controller must conduct and document a data protection assessment of each processing activity that involves targeted advertising, the sale of personal information, profiling that presents a reasonably foreseeable risk of injury, sensitive data, or a heightened risk of harm to consumers (section 47-18-3206(a)). The assessment weighs the benefits of the processing to the controller, the consumer, other stakeholders and the public against the risks to the consumer, as mitigated by safeguards (section 47-18-3206(b)). On a civil investigative demand the controller must make a relevant assessment available to the Attorney General and Reporter, and the assessment stays confidential and not open to public inspection (section 47-18-3206(c)). Section 47-18-3206(f) applies the duty to processing activities created or generated on or after . The text sets no period for keeping the assessment. A processor must give the controller the information needed to conduct and document the assessments (section 47-18-3205(a)(2)), which is a duty between the two parties and not a record the controller keeps. A controller that processes under an exemption bears the burden of demonstrating that the processing qualifies (section 47-18-3208(g)). Retaining a record of a deletion request is one of two routes to compliance for data obtained from another source (section 47-18-3203(a)(2)(C)), an option and not a duty. The written privacy policy of section 47-18-3213 is a rule statement and an affirmative defense, not a record. The Act's other sections name no log. The row cites the whole of sections 47-18-3201 to 47-18-3214, so it takes the Act's reach test: section 47-18-3202 applies the Act to persons that conduct business in the state producing products or services that target residents, and section 47-18-3201(7) defines a consumer as a resident.

Kind
Explicit
As of
Provision
Tenn. Code Ann. 47-18-3206(a) and (c) (a documented data protection assessment of each heightened-risk processing activity, which the controller must make available to the Attorney General and Reporter on a civil investigative demand)
Trigger
personal_data_processing

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

TIPA governs private-sector processing of Tennessee residents' personal information, enacted as House Bill 1181, Public Chapter 408 of the 113th General Assembly. The bill passed the House and was approved by the Governor in May 2023; a floor amendment moved the general effective date from an engrossed print's to the signed Public Chapter's , which the Secretary of State's official publication confirms as authoritative.

A separate data protection impact assessment look-back date, , is unaffected by the general effective-date correction.

When LexLint raises it

When your app profile says your app processes personal data.

Back to the example  ·  Lint your app

Page updated .