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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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California Enforcement Agency (CPPA) to Make Compliance Essential for Businesses

When the California Consumer Privacy Act went into effect last year there was concern surrounding enforcement and which business would be the first to face consequences. California voters decided that an agency should be put in place to uphold compliance. This agency, dubbed the California Privacy Protection Agency, is charged with rulemaking and will join the attorney general in taking enforcement actions. The agency has been tasked with fulfilling their initial rulemaking responsibilities by July 1, 2022.

California Privacy Protection Agency Members

The members of the agency were appointed by Governor Newsom, Attorney General Xavier Becerra, Senate President pro Tempore Toni G. Atkins (D-San Diego), and Assembly Speaker Anthony Rendon (D-Lakewood). Members are Jennifer M. Urban, John Christopher Thompson, Angela Sierra, Lydia de la Torre, and Vinhcent Le. The group touts experience in technology, business, consumer privacy, and much more that make them uniquely qualified to uphold the CPRA standards. Learn more about the board members here.

On Governor Newsom’s website, pro Tem Atkins is quoted as saying, “The California Privacy Protection Agency Board is part of California’s commitment to the toughest privacy protection laws in the nation. The pandemic put us online more than ever—this Board will help protect the most private information of individuals and families for the world we live in now and in the future. I am confident that our Senate Rules nominee, Lydia de la Torre, will bring the kind of expertise the Board will need to take those protections to the next level.”

What's Coming

Noteworthy items that will go into effect January 1, 2023 with the CPRA include:

  • Addition of the California Privacy Protection Agency.
  • Employment exemption expires January 1, 2023.
  • Addition the category of sensitive data and the right of correction.
  • Behavioral advertising restrictions.
  • CCPA’s 30-day cure period will sunset.
  • Pursuit of a private right of action when a consumer’s account credentials are accessed by an unauthorized party or exfiltrated.

It’s important to understand that these are not the only changes coming January 1, 2023 when CPRA begins. Companies that conduct business with California residents should be proactive in learning the ins and outs of the CPRA in order to be compliant when the time comes. Truyo has been an integral part of helping businesses achieve compliance with the current CCPA and will continue to update policies, monitor enforcement, and comply with any new legislation, as more states seek to follow in California’s footsteps.

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