Chapter 646A — Chapter 646A

ORS 646A.576 Method for requesting personal data; persons who may request personal data on consumer’s behalf; designation by consumer; duties of controller; process for appealing controller’s refusal of consumer request. (1) A consumer may exercise the rights described in ORS 646A.574 by submitting a request to a controller using the method that the controller specifies in the privacy notice described in ORS 646A.578

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ORS 646A.577 [2011 c.393 §2; renumbered 646A.823 in 2023]

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ORS 646A.578 Duties of controller; prohibitions; privacy notice to consumer. (1) A controller shall

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ORS 646A.580 [2011 c.393 §3; renumbered 646A.826 in 2023]

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ORS 646A.581 Duties of processor of personal data; contract between controller and processor; liabilities of controller and processor. (1) A processor shall adhere to a controller’s instructions and shall assist the controller in meeting the controller’s obligations under ORS 646A.570 to 646A.589. In assisting the controller, the processor must

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ORS 646A.582 [2011 c.393 §4; renumbered 646A.829 in 2023]

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ORS 646A.583 Controller’s use of deidentified data; exclusions. (1)(a) A controller that possesses deidentified data shall

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ORS 646A.585 [2011 c.393 §5; renumbered 646A.832 in 2023]

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ORS 646A.586 Data protection assessment for processing activities with heightened risk of harm; criteria for conducting data protection assessment; provision to Attorney General; retention of records; confidentiality. (1)(a) A controller shall conduct and document a data protection assessment for each of the controller’s processing activities that presents a heightened risk of harm to a consumer

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ORS 646A.588 [2011 c.393 §6; 2013 c.97 §1; 2014 c.27 §1; 2017 c.450 §1; renumbered 646A.835 in 2023]

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ORS 646A.589 Investigative demand by Attorney General; representation by counsel; confidentiality of proceedings and materials; action to impose civil penalty or obtain injunction; amount of civil penalty; notice of violation; time limit on action; Attorney General’s exclusive authority. (1)(a) The Attorney General may serve an investigative demand upon any person that possesses, controls or has custody of any information, document or other material that the Attorney General determines is relevant to an investigation of a violation of ORS 646A.570 to 646A.589 or that could lead to a discovery of relevant information. An investigative demand may require the person to

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ORS 646A.590 [2011 c.393 §7; renumbered 646A.838 in 2023]

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ORS 646A.592 [2011 c.393 §8; renumbered 646A.841 in 2023]

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ORS 646A.593 Definitions; requirement to register with Department of Consumer and Business Services to operate as data broker; method of registration; penalty; rules. (1) As used in this section

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ORS 646A.600 Short title. ORS 646A.600 to 646A.628 shall be known as the Oregon Consumer Information Protection Act. [2007 c.759 §1; 2019 c.180 §1]

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ORS 646A.602 Definitions for ORS 646A.600 to 646A.628. As used in ORS 646A.600 to 646A.628

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ORS 646A.604 Notice of breach of security; delay; methods of notification; contents of notice; application of notice requirement. (1) If a covered entity is subject to a breach of security or receives notice of a breach of security from a vendor, the covered entity shall give notice of the breach of security to

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ORS 646A.606 Security freeze; requirements; proof of authority; effect. (1) A consumer may elect to place a security freeze on the consumer’s consumer report or, if the consumer is a representative, on a protected consumer’s consumer report or protective record by sending a written request to a consumer reporting agency at an address the agency designates to receive such requests, or a secure electronic request at a website the agency designates to receive such requests if the consumer reporting agency, at the agency’s discretion, makes a secure electronic method available

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ORS 646A.608 Deadline for placing security freeze; protective record creation; use and release of information; confirmation; personal identification number; exception; lifting and removal. (1)(a) A consumer reporting agency shall place a security freeze on a consumer report not later than five business days after receiving from a consumer

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ORS 646A.610 Fees not permitted. A consumer reporting agency may not charge a consumer a fee or collect from a consumer any money or item of value for

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ORS 646A.612 Conditions for lifting or removing security freeze. (1)(a) A consumer reporting agency shall temporarily lift or remove a security freeze placed on a consumer report only if a consumer requests that the consumer reporting agency lift or remove the security freeze for the consumer report in accordance with ORS 646A.608

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ORS 646A.614 Effect of security freeze on use of consumer reports or protective records. (1) The provisions of ORS 646A.606 to 646A.610 do not apply to the use of a consumer report or a protective record by or for any of the following

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ORS 646A.616 Effect of request for consumer report subject to security freeze. If a third party requests access to a consumer report on which a security freeze is in effect, the request is in connection with an application for credit or any other use, the consumer does not allow the consumer’s consumer report to be accessed for that period of time, and the third party cannot obtain the consumer report through ORS 646A.614, the third party may treat the application as incomplete. [2007 c.759 §9]

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ORS 646A.618 Prohibition on changes to consumer report subject to security freeze; entities subject to requirement to place security freeze. (1) If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer’s report: name, date of birth, Social Security number and address. Written confirmation is not required for technical modifications of a consumer’s official information, including name and street abbreviations, complete spellings or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address

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ORS 646A.620 Prohibition on printing, displaying or posting Social Security numbers; exemptions. (1) Except as otherwise specifically provided by law, a person may not

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ORS 646A.622 Requirement to develop safeguards for personal information; conduct deemed to comply with requirement; defenses. (1) A covered entity and a vendor shall develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of personal information, including safeguards that protect the personal information when the covered entity or vendor disposes of the personal information

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ORS 646A.624 Powers of director; penalties. (1) The Director of the Department of Consumer and Business Services may

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ORS 646A.626 Rules. In accordance with ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules for the purpose of carrying out the provisions of ORS 646A.600 to 646A.628. [2007 c.759 §14]

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ORS 646A.628 Allocation of moneys. Notwithstanding ORS 705.145 (2), (3) and (5), the Director of the Department of Consumer and Business Services can allocate as deemed appropriate the moneys derived pursuant to ORS 86A.095 to 86A.198, 86A.990, 86A.992, 650.005 to 650.100, 697.005 to 697.095, 697.602 to 697.842, 705.350 and 717.200 to 717.320 and 731.804 and ORS chapters 59, 645, 706 to 716, 723, 725 and 726 to implement ORS 646A.600 to 646A.628. [2007 c.759 §15; 2009 c.541 §23; 2009 c.604 §24]

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ORS 646A.640 Definitions. As used in ORS 646A.640 to 646A.673

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ORS 646A.643 License requirement to engage in debt buying; exemptions. (1) Except as provided in subsection (2) of this section, a person may not engage in debt buying in this state unless the person obtains or renews a license under ORS 646A.646

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ORS 646A.646 License application; requirements; application through Nationwide Multistate Licensing System; fee; insurance; license renewal; director’s investigation; license term; suspension or revocation; rules. (1)(a) A person that is subject to the requirement to obtain or renew a license under ORS 646A.643 (1) shall submit an application to the Director of the Department of Consumer and Business Services in the manner the director specifies by rule. The director by rule shall specify the format and contents of the application form. At a minimum, the rules must require an applicant or licensee to

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ORS 646A.649 Licensee’s principal place of business and registered agent; assumed business name; display of license; rules. (1) A licensee shall designate and maintain a principal place of business at or from which the licensee engages in debt buying in this state and a registered agent in this state

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ORS 646A.652 Required notices. (1)(a) A licensee shall notify the Director of the Department of Consumer and Business Services in writing at least 30 days before the licensee relocates or closes the licensee’s principal place of business in this state

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ORS 646A.655 Compliance with director’s standards; rules. A licensee or a person that engages in debt buying shall comply with standards that the Director of the Department of Consumer and Business Services adopts by rule. The standards, at a minimum, must require the licensee or the person to

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ORS 646A.658 Prohibited practices. A licensee or a person that engages in debt buying may not

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ORS 646A.661 Director’s supervisory authority; examinations and investigations; referral to Attorney General; costs of examination or investigation; consultation and cooperation with trade association and members of public. (1) The Director of the Department of Consumer and Business Services has general supervisory authority and control over

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ORS 646A.664 Enforcement actions; penalties. (1) If after conducting an investigation, initiating or conducting a proceeding or taking an enforcement action under ORS 646A.661 the Director of the Department of Consumer and Business Services determines that a licensee or a person that engages in debt buying in this state has violated ORS 646.639 or ORS 646A.640 to 646A.673 and 646A.670, a rule the director adopted or an order the director issued under ORS 646.639 or ORS 646A.640 to 646A.673 and 646A.670 or another applicable law, the director may

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ORS 646A.667 Preemption. (1) Except as provided in subsection (2) of this section, the provisions of ORS 646A.640 to 646A.673 and 646A.670 preempt all charter and statutory authority of local governments in this state to require a debt buyer or a person that engages in debt buying to obtain a license, registration or other authority to engage in debt buying or to charge a fee for a license, registration or other authority to engage in debt buying

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ORS 646A.670 Legal action to collect debt; requirements for pleadings; judgments; attorney fees. (1) A debt buyer that brings legal action to collect or brings legal action to attempt to collect purchased debt, or a debt collector that brings legal action on the debt buyer’s behalf, shall include in an initial pleading that begins the legal action

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ORS 646A.673 Rules. The Director of the Department of Consumer and Business Services may adopt rules to implement the provisions of ORS 646.639 (4), 646A.640 to 646A.673 and 646A.670. [2017 c.625 §13]

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ORS 646A.677 Requirement to screen for financial assistance before transferring medical debt for collection; permitted interest rate; prohibition on reporting medical debt to consumer reporting agency and including medical debt in consumer report; unlawful collection practices. (1) As used in this section

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ORS 646A.680 Legislative intent. The legislative intent of ORS 646A.683 is to improve public health and safety by taking steps to address the spiraling health care costs for residents of this state. [2019 c.436 §1]

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ORS 646A.683 Requirement to report increase in drug price; exemptions. (1) As used in this section

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ORS 646A.685 Plan and methodology to establish upper payment limits for drugs sold in this state; report. (1) The Prescription Drug Affordability Board established in ORS 646A.693 shall develop a plan for establishing upper payment limits on drugs sold in this state that are subject to affordability reviews under ORS 646A.694. The plan shall include

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ORS 646A.686 Short title. ORS 646A.689 and 646A.692 shall be known and may be cited as the Prescription Drug Price Transparency Act. [2018 c.7 §1]

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ORS 646A.689 Requirement to report certain information concerning drug manufacturing and pricing; contents of report; penalty; rules. (1) As used in ORS 646A.680 to 646A.697

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ORS 646A.692 Civil penalty. (1) A manufacturer that fails to report or provide information as required by ORS 646A.689 may be subject to a civil penalty as provided in this section

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ORS 646A.693 Prescription Drug Affordability Board; membership and qualifications of members; terms of office; duties; conflicts of interest; rules. (1) The Prescription Drug Affordability Board is established in the Department of Consumer and Business Services to protect residents of this state, state and local governments, commercial health plans, health care providers, pharmacies licensed in this state and other stakeholders within the health care system in this state from the high costs of prescription drugs

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ORS 646A.694 Annual affordability determination for identified drugs and insulin products; criteria for and limitations on determination; confidentiality; rules. (1) The Department of Consumer and Business Services shall provide to the Prescription Drug Affordability Board each calendar year a list of prescription drugs included in reports submitted to the department under ORS 646A.689 (2) and (6), a list of drugs included in reports submitted to the department under ORS 646A.683 and 743.025 and a list of insulin drugs marketed in this state during the previous calendar year. Each calendar year, the board shall identify up to nine drugs and at least one insulin product from the lists provided under this subsection that the board determines may create affordability challenges for health care systems or high out-of-pocket costs for patients in this state based on criteria adopted by the board by rule, including but not limited to

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