The bill creates personal data privacy rights and:
- Applies to legal entities that conduct business or produce 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 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:
- 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 or processing sensitive data; and
- May be enforced only by the attorney general or district attorneys.
Year
2021
Current status
- Became law (07/07/2021)