Breaking: Colorado House Passes Colorado Privacy Act
Colorado’s SB 21-190 has passed both chambers and if not vetoed will become the 3rd omnibus state privacy law enforceable 7/1/23. It has no private right of action, but includes the right to object to processing for purposes of targeted advertising, the sale of personal data, or profiling, including via means of an online global privacy control, as well as the rights to access, correct and/or delete personal data, or obtain a portable copy of it. It does not apply to employee data. It specifies how controllers must fulfill duties regarding consumers’ assertion of their rights, transparency, purpose specification, data minimization, avoiding secondary use, avoiding unlawful discrimination and sensitive data, and requires risk assessments for certain “high risk” processing activities. The law is closer to Virginia’s CDPA than California’s CCPA/CPRA, but there are material differences. Look for a post next week that compares and contrasts the three states’ laws and the EU’s GDPR, which inspired this growing state trend.