December 6, 2021

Volume XI, Number 340

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December 03, 2021

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Colorado Privacy Bill Moves Closer to Becoming Law

On May 26, 2021, the Colorado State Senate unanimously passed the Colorado Privacy Act bill (CPA) through the state Senate.  On June 7, 2021, the Colorado House passed the CPA (by a vote of 57-7).  The House amended the Senate version of the CPA, so the bill will now return to the Senate for consideration of the House amendments. Specifically, the House adopted nine total amendments to the CPA.  Amendments of note include:

  • Consumer rights to access, correction, deletion and data portability do not apply to pseudonymous data;

  • The CPA does not provide a private right of action;

  • The CPA does not apply to data maintained by a state institution of higher education, the state and other government entities; and

  • By January 1, 2025, the Colorado Attorney General may adopt rules to help businesses interpret the CPA.The rules must become effective by July 1, 2025.

Although the CPA is yet to be scheduled to the Senate’s calendar for a final vote, the Colorado legislature closes on June 12, 2021, so the CPA’s fate is likely to be decided within the coming days.  If the Senate passes the CPA, it will move onto Governor Polis for his signature.  If signed by Governor Polis, the CPA would go into effect on July 1, 2023, making Colorado the third U.S. state to enact a comprehensive privacy law. 

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume XI, Number 161
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About this Author

Shareholder

Liz is a dual-qualified attorney in Colorado and the United Kingdom who counsels clients on data privacy, advertising and technology licensing matters.  Prior to practicing in the U.S., she practiced law in the U.K. for over 10 years counseling clients on EU privacy and technology matters.

Liz’s practice involves three key areas: privacy, advertising, and technology licensing.  She has significant experience counseling clients on how to comply with their EU privacy obligations, with a particular focus on how to prepare for, respond to, and implement...

303.583.8228
Thomas P. Weber Technology Transactions Attorney Polsinelli Denver, CO
Associate

Thomas Weber is an associate in the Technology Transactions and Data Privacy practice. He helps clients with data compliancy matters, including compliance with the California Consumer Privacy Act (CCPA), the European Union’s General Data Protection Regulation (GDPR), and Gramm-Leach-Biley Act (GLBA). Thomas also advises clients in breach response matters. Prior to joining the firm, he was a law clerk to the Honorable Judge Rebecca R. Freyre.

303-256-1977
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