Technology (Privacy)

This bill prohibits using geofencing technology within 1,850 feet of reproductive health care facilities to track or target patients, and bans law enforcement from obtaining "reverse keyword warrants" that identify people searching online for reproductive health services. It directly affects individuals seeking reproductive care (by protecting their location and search privacy), health care facilities (by restricting surveillance near their locations), and law enforcement (by banning specific surveillance methods). Key provisions include banning location-based tracking via apps or devices, preventing targeted messaging to patients near clinics, and prohibiting government entities from seeking warrants based on online search terms related to reproductive health. The law takes effect July 1, 2025, with violations punishable by up to $500 per offense.

H.208 creates Vermont's first comprehensive data privacy law, giving residents specific rights over their personal data. It requires businesses to obtain clear, affirmative consent for data collection (prohibiting "dark patterns" like deceptive pop-ups), bans the sale of biometric data and sensitive health information (including gender-affirming and reproductive health data), and restricts online tracking. The law directly affects Vermont residents and any business collecting their data, including data brokers and companies using contextual advertising. Key provisions include mandatory opt-in consent for data processing, requirements for transparent privacy notices, and new protections against automated decisions affecting housing, employment, or healthcare access.