§ 715D.7 — Limitations

Iowa § 715D.7

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 715D: CONSUMER DATA PROTECTIONS

Text

1. Nothinginthischaptershallbeconstruedtorestrictacontroller’sorprocessor’sability
to do the following:
a. Comply with federal, state, or local laws, rules, or regulations.
b. Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or
summons by federal, state, local, or other governmental authorities.
c. Cooperate with law enforcement agencies concerning conduct or activity that the
controller or processor reasonably and in good faith believes may violate federal, state, or
local laws, rules, or regulations.
d. Investigate, establish, exercise, prepare for, or defend legal claims.
e. Provide a product or service specifically requested by a consumer or parent or guardian
of a child, perform a contract to which the consumer or parent or guardian of a child is a
§715D.7, CONSUMER DATA PROTECTIONS 8
party, including fulfilling the terms of a written warranty, or take steps at the request of the
consumer or parent or guardian of a child prior to entering into a contract.
f. Take immediate steps to protect an interest that is essential for the life or physical safety
of the consumer or of another natural person, and where the processing cannot be manifestly
based on another legal basis.
g. Prevent, detect, protect against, or respond to security incidents, identity theft, fraud,
harassment, malicious or deceptive activities, or any illegal activity.
h. Preserve the integrity or security of systems.
i. Investigate, report, or prosecute those responsible for any such action.
j. Engage in public or peer-reviewed scientific or statistical research in the public interest
that adheres to all other applicable ethics and privacy laws and is approved, monitored, and
governed by an institutional review board, or similar independent oversight entities that
determine the following:
(1) If the deletion of the information is likely to provide substantial benefits that do not
exclusively accrue to the controller.
(2) The expected benefits of the research outweigh the privacy risks.
(3) If the controller has implemented reasonable safeguards to mitigate privacy risks
associated with research, including any risks associated with re-identification.
k. Assist another controller, processor, or third party with any of the obligations under
this subsection.
2. The obligations imposed on a controller or processor under this chapter shall not
restrict a controller’s or processor’s ability to collect, use, or retain data as follows:
a. To conduct internal research to develop, improve, or repair products, services, or
technology.
b. To effectuate a product recall.
c. To identify and repair technical errors that impair existing or intended functionality.
d. To perform internal operations that are reasonably aligned with the expectations of the
consumer or reasonably anticipated based on the consumer’s existing relationship with the
controller or are otherwise compatible with processing data in furtherance of the provision
of a product or service specifically requested by a consumer or parent or guardian of a child
or the performance of a contract to which the consumer or parent or guardian of a child is a
party.
3. The obligations imposed on controllers or processors under this chapter shall not
apply where compliance by the controller or processor with this chapter would violate an
evidentiary privilege under the laws of the state. Nothing in this chapter shall be construed
to prevent a controller or processor from providing personal data concerning a consumer
to a person covered by an evidentiary privilege under the laws of the state as part of a
privileged communication.
4. A controller or processor that discloses personal data to a third-party controller or
processor, in compliance with the requirements of this chapter, is not in violation of this
chapter if the third-party controller or processor that receives and processes such personal
data is in violation of this chapter, provided that, at the time of disclosing the personal
data, the disclosing controller or processor did not have actual knowledge that the recipient
intended to commit a violation. A third-party controller or processor receiving personal
data from a controller or processor in compliance with the requirements of this chapter is
likewise not in violation of this chapter for the offenses of the controller or processor from
which it receives such personal data.
5. Nothing in this chapter shall be construed as an obligation imposed on a controller or a
processor that adversely affects the privacy or other rights or freedoms of any persons, such
as exercising the right of free speech pursuant to the first amendment to the United States
Constitution, or applies to personal data by a person in the course of a purely personal or
household activity.
6. Personal data processed by a controller pursuant to this section shall not be processed
for any purpose other than those expressly listed in this section unless otherwise allowed
by this chapter. Personal data processed by a controller pursuant to this section may be
processed to the extent that such processing is as follows:
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a. Reasonably necessary and proportionate to the purposes listed in this section.
b. Adequate, relevant, and limited to what is necessary in relation to the specific purposes
listed in this section. Personal data collected, used, or retained pursuant to this section shall,
where applicable, take into account the nature and purpose or purposes of such collection,
use, or retention. Such data shall be subject to reasonable administrative, technical, and
physical measures to protect the confidentiality, integrity, and accessibility of the personal
data.
7. If a controller processes personal data pursuant to an exemption in this section, the
controllerbearstheburdenofdemonstratingthatsuchprocessingqualifiesfortheexemption
and complies with the requirements in subsection 6.
8. Processing personal data for the purposes expressly identified in subsection 1 shall not
in and of itself make an entity a controller with respect to such processing.
9. This chapter shall not require a controller, processor, third party, or consumer to
disclose trade secrets.