In the age of information, organizations have increased the amount of consumer data housed in structured and unstructured environments. As consumers become increasingly aware of this and what their rights are under current and future legislation, the number of data subject access requests is increasing. According to Automated Intellegence, “A body which represents UK data protection officers has reported that there’s been a 66% increase in the average number of DSARs received” (Automated Intelligence, 2021)”

Last month Amazon was hit with the highest personal data fine to date. A whopping $886.6 million (746 million euros) fine was levied against the corporation by the European Union fine for processing personal data in violation of the bloc's GDPR rules. This action foreshadows a privacy climate in which enforcement will be the norm, trending away from the spotty enforcement of the past.

Ohio is joining the likes of Massachusetts, New York, and Texas by introducing a privacy bill. The Ohio Personal Privacy Act (House Bill 376) would apply to companies with sales above $25 million or ones that keep records on more than 100,000 customers, similar to the California Consumer Privacy Act; however, it differs from the CCPA in that the legislation has been tailored to protect small and midsized businesses.

It is official - Governor Jared Polis has signed the bill making the Colorado Privacy Act the latest enacted state legislation, joining California and Virginia. But what are we going to see out of the Colorado Privacy Act that's different from CCPA and CDPA? 

Updated 6/9/21 @ 11am: The Colorado Senate unanimously voted 34-0 on concurrence and final passage of SB190. It now heads to Gov. Polis, who will have 10 days to sign or explicitly veto it.CPA applies to businesses collecting data on more than 100,000 individuals, or those earning revenue from the data of more than 25,000 consumers. It includes standard data subject rights, an opt-out consent model with a universal opt-out mechanism, and a right to cure, all subject to normal AG rule-making and enforcement.

CPA is effective July 1, 2023 unless vetoed by the Gov. The biggest difference when compared to Virginia or CPRA is the broad requirement (with fewer exemptions) for data protection privacy assessments.

A more specific compliance issue Colorado presents, according to attorney David Zetoony, is the required data protection assessment. Such examinations are also required in the Virginia Consumer Data Protection Act, but Colorado does not exempt companies from these assessments like Virginia.

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The Colorado Privacy Act SB190 has passed the Colorado House of Representatives by a vote of 57-7. While the bill must return to the Senate for final reconciliation of amendments made by the House, it’s most likely. Unless the Governor vetos it, which is improbable, the amendments will be reconciled in the next few days.

First, there was technology, then came the data collection. As that technology rapidly grew more intelligent and pervasive, so too did the data. As the oceans of data that companies handle on a regular basis have grown and evolved, so have the often gray areas of consumer privacy. 

In a meeting agenda released today, the California Privacy Protection Agency made it clear that they are going to move quickly and start implementing changes straightaway. In fact, it looks like they will assume rule-making authority immediately. The meeting is scheduled for Monday, June 14, 2021 at 9:00 am PST and will begin with formal introductions to the CPPA committee members:

The Colorado State Senate has unanimously passed the Colorado Privacy Act which will now move to the State Assembly for voting. The current session continues until June 12, 2021, giving time for reconciliation between the Colorado Senate and House. 

Privacy laws and regulations are put in place to protect consumers and their data, encouraging them to manage their information in a way that makes them feel secure. Some consumers may want their information deleted, not to be sold, or may allow businesses to retain their information entirely. Privacy legislation puts control back in the consumer’s hands.

The influx of states proposing and voting on privacy bills has been a good sign for consumers that lawmakers are concerned about data privacy. But at this point, we’ve only seen California, Virginia, and Nevada actually succeed in passing such legislation. Since more states are addressing consumer data privacy, we want to dive into why some aren’t passing the first, second, or even third time.