Maryland's Online Data Privacy Act (MODPA), signed by Governor Wes Moore on May 9, 2024, takes effect October 1, 2025. Maryland's law is considered one of the most progressive state privacy laws passed to date, containing several features that go beyond even California's standard. Key distinctions include: a strong data minimization requirement limiting collection to what is 'reasonably necessary and proportionate' to the disclosed purpose; a near-prohibition on processing sensitive data for purposes other than what's strictly necessary; targeted advertising restrictions that prohibit showing ads to minors; and a low 35,000-consumer threshold. Maryland's approach to sensitive data is particularly notable — processing of sensitive data is limited to what is strictly necessary, creating what amounts to a purpose limitation principle.
Residents of Maryland have the following legally enforceable privacy rights under MODPA:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
MODPA applies to controllers conducting business in Maryland or targeting Maryland residents that during the preceding calendar year controlled or processed data of at least 35,000 consumers, or controlled or processed data of at least 10,000 consumers and derived more than 20% of gross revenue from selling personal data. Standard exemptions apply. The 35,000 threshold brings many mid-sized businesses into scope.
Under MODPA, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under MODPA, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
The Maryland Attorney General has exclusive enforcement authority. A 60-day written cure notice must be provided before the AG initiates an action. First violations: civil penalties up to $10,000 per violation. Subsequent violations: up to $25,000 per violation. The escalating structure and strong substantive provisions signal Maryland's intent to be an active privacy enforcer.
To exercise your rights under MODPA, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a Maryland resident invoking rights under MODPA
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the Maryland Attorney General's office.
| Term | Definition Under MODPA |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |