By: Linda L. Goodman
On June 9, 2021, the Colorado passed the “Protect Personal Data Privacy” bill and have sent the bill to the governor for signature. This makes Colorado the third state to pass legislation concerning additional protection of data relating to personal privacy.
The bill creates personal data privacy rights and:
- Applies to legal entities that conduct business or produce commercial products or services that are intentionally targeted to Colorado residents and that either:
- Control or process personal data of more than 100,000 consumers per calendar year; or
- Derive revenue from the sale of personal data and control or process the personal data of at least 25,000 consumers; and
- Does not apply to certain specified entities, personal data governed by listed state and federal laws, listed activities, and employment records.
Consumers have the right to opt out of the processing of their personal data; access, correct, or delete the data; or obtain a portable copy of the data. The bill defines a “controller” as a person that, alone or jointly with others, determines the purposes and means of processing personal data. A “processor” means a person that processes personal data on behalf of a controller.
The bill further:
- Specifies how controllers must fulfill duties regarding consumers’ assertion of their rights, transparency, purpose specification, data minimization, avoiding secondary use, care, avoiding unlawful discrimination, and sensitive data;
- Requires controllers to conduct a data protection assessment for each of their processing activities involving personal data that present a heightened risk of harm to consumers, such as processing for purposes of targeted advertising, profiling, selling personal data, or processing sensitive data; and
- May Specifies that a violation of its requirements is a deceptive trade practice, but the bill may be enforced only by the attorney general or district attorneys.
Buckle up – more to come…
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This article is a publication of The Goodman Law Firm and is intended to provide information on recent legal developments. This article does not create an attorney-client relationship, nor should it be construed as legal advice or an opinion on specific situations. This may constitute “Attorney Advertising” under the Rules of Professional Conduct and under the law of other jurisdictions.
Linda L. Goodman is the founder of The Goodman Law Firm, concentrating its practice in internet business and law. Her firm’s clients include Advertisers, Affiliates, Affiliate Networks, and ISP’s.
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