Or. Admin. Code § 441-840-0020

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Current through Register Vol. 63, No. 11, November 1, 2024

Section 441-840-0020 - Registration Requirements

(1) To register with the department for purposes of ORS 646A.593, a data broker shall:

(a) Pay the fees prescribed under OAR 441-840-0050; and

(b) Submit to the director electronically:

(A) The name and any assumed business name of the data broker;

(B) The street address and mailing address of the data broker;

(C) The name and address of the data broker's registered agent in Oregon;

(D) The main telephone number of the data broker;

(E) The data broker's primary website;

(F) The name, phone number and electronic mail address of contact person(s); and

(G) A declaration in which the data broker:

(i) States whether resident individuals may opt out of all or a portion of the data broker's collection, sale or licensing of the resident individuals' brokered personal data;

(ii) Identifies which of the data broker's activities of collecting, selling or licensing brokered personal data a resident individual may opt out of or which portion of the resident individual's brokered personal data the resident individual may opt out of providing or permitting the data broker to collect, sell or license;

(iii) Describes the method by which a resident individual may exercise the choices described in subparagraphs (a) and (b) of this paragraph; and

(iv) States whether a resident individual may authorize another person to exercise the choice described in subparagraph (a) of this paragraph on the resident individual's behalf and, if so, how to do so.

(c) Transmit to the director any information or documentation required to be submitted in connection with an application that cannot be filed electronically in a form and manner approved by the director.

(2) A data broker shall file electronically, in a form and manner approved by the director, all information and documentation submitted to the director pursuant to OAR 441-840-0020(1). If a data broker is unable to file any such information or documentation electronically, the data broker shall transmit such information or documentation in a form and manner approved by the director.

(3) A data broker's registration may be terminated or suspended for any violation of OAR 441-840-0020(1).

(4) A registration under this rule is not valid until the registration is approved by the department.

(5) Except as provided in OAR 441-840-0020(6), a registration under this rule is valid until the end of the calendar year in which the department approves the registration.

(6) A registration under this rule that is approved by the department after November 1 is valid until December 31 of the following year.

Or. Admin. Code § 441-840-0020

FSR 3-2023, temporary adopt filed 11/29/2023, effective 12/1/2023 through 5/28/2024; FSR 3-2024, adopt filed 05/21/2024, effective 5/28/2024

Statutory/Other Authority: ORS 646A.593(8)

Statutes/Other Implemented: ORS 646A.593(2) - 646A.593(4)