Tennessee's Information Protection Act (TIPA), signed by Governor Bill Lee on May 11, 2023, takes effect July 1, 2025. Tennessee's law is modeled closely on Virginia's CDPA but adds an annual revenue threshold (similar to California's CCPA), making it one of a minority of state laws to use both a revenue and a data volume threshold. TIPA provides all standard consumer rights and requires opt-in consent for processing sensitive personal data. Tennessee does not require businesses to honor universal opt-out signals. Notably, TIPA provides an affirmative defense for businesses that create and maintain a comprehensive privacy program consistent with recognized frameworks such as NIST, ISO, or the FTC's best practices.
Residents of Tennessee have the following legally enforceable privacy rights under TIPA:
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.
TIPA applies to controllers that conduct business in Tennessee or produce products or services targeted to Tennessee residents AND that either: (1) have annual revenue of $25 million or more and control or process data of 25,000 or more consumers, or (2) control or process personal data of 175,000 or more consumers regardless of revenue. Standard sectoral exemptions apply for HIPAA entities, financial institutions, government entities, and nonprofits.
Under TIPA, 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 TIPA, 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 Tennessee Attorney General has exclusive enforcement authority. The AG must provide a 60-day written cure notice and opportunity to cure before initiating an action. Civil penalties up to $15,000 per violation are available. Tennessee's NIST-framework safe harbor is notable — businesses maintaining a NIST Privacy Framework program can assert this as an affirmative defense.
To exercise your rights under TIPA, 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 Tennessee resident invoking rights under TIPA
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 Tennessee Attorney General's office.
| Term | Definition Under TIPA |
|---|---|
| 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. |