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Colorado House Votes on SB190, Senate Reconciliation is Next

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.

Original Post

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.

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Alaska Governor Proposes Privacy Act Bill

Alaska has become the next state to move toward protecting consumer privacy at a state level. Governor Mike Dunleavy (R) introduced Senate Bill 116 and House Bill 159 on March, 31 2021.

About the Bill

The intent of the legislation is to give individuals the right to know what personal information is being collected about them and request its deletion. If passed, this would put Alaska on the list of states with comprehensive consumer data privacy laws; California, Nevada, and Virginia have already passed legislation to protect the public, their information, and right to request access to or deletion of their data.

Governor Dunleavy wants his Alaskan residents to be protected saying, “In our modern world nearly everything individuals do online, everything that is liked, shared, or commented on social media, and everywhere people go is being tracked, collected, and sold in many instances without Alaskans’ knowledge or consent. That’s why the Consumer Data Privacy Act is so important as our society has an ever-growing presence online.”

The rights included in the act include the following:

  • The Right to Know: Alaskan residents will have transparency about which companies are collecting personal data.
  • The Right to Disclosure: Alaskan residents will be able to learn what data has been collected for the last five years and whether or not that information has been sold or shared with third parties.
  • The Right to Delete: Alaskan residents will be able to ask companies to delete their personal data collected over the period of five years.
  • Right to opt-out: Alaskan residents will have the right to ask businesses not to sell their data.

In addition to these rights, Alaskan minors will receive further protection by requiring parental consent for their data to be sold, and all residents will be protected from businesses with which they have never interacted monetizing their data.

How This Affects Business That Perform Work or Provide Services in Alaska

This bill set forth by Governor Dunleavy will affect business who fall under the following categories:

  • Had an annual revenue of $25,000,000 or more in the year 2022 or any year after
  • In the most recent completed calendar year, alone or in combination, bought or disclosed the personal information of 100,000 or more persons or households.
  • Sold the personal information of a consumer, household, or device in the last 365 days
  • Control or controlled by a business that meets one of the above thresholds and share common branding, such as a shared name, service mark, or trademark

A violation for businesses under this bill is stated as, “an unfair or deceptive act or practice…” and can result in penalties if a consumer’s information is “subjected to unauthorized access, destruction, use, modification, or disclosure has suffered an ascertainable loss of $1 or of an amount proven at trial, whichever is greater.”

The deadline for this bill to pass the house is April 11, 2021 and reconciliation by April 25, 2021.

 

Ale Johnson
About Ale Johnson
Ale Johnson is the Marketing Content Specialist at Truyo.
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