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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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Prop 24 (CPRA/CCPA 2.0) Has Passed: What This Means For You

CPRA Passed!

Dan Clarke, President - IntraEdge

California voters said "yes" to Proposition 24, known as the California Privacy Rights Act (CPRA). The CRPA expands California's landmark consumer privacy law, adding a level of complexity that aims to strengthen consumer privacy protections. One of the most significant changes under the CPRA is the creation of a stringent privacy enforcement agency, the California Privacy Protection Agency.

A fully funded independent agency dedicated to enforcing privacy regulation is set to dramatically change how privacy rights are handled in the U.S. According to Dan Clarke, president of IntraEdge, "They take over the ability to take enforcement actions, and I think they are going to be much more aggressive." In addition to enforcing the law, the protection agency would become an effective privacy regulator and issue guidelines for organizations.

How is this going to change enforcement?

According to Clarke, "When the new agency takes over next year, I think you will see a big shift." The privacy protection agency would be staffed with nearly 50 agents and, most likely, more the following year. These agents would heighten enforcement with the additional time and resources to broaden audit powers, which means more businesses would need a comprehensive privacy solution to provide efficient reports and logs.

Along with enforcing the law, it will be the privacy protection agency's responsibility to guide businesses and consumers regarding consumer data protection and privacy. This year's enforcement guidelines advised companies to have conspicuous privacy practices, but this privacy protection agency is likely to take audits even further and perform a more detailed review of privacy practices.

Next year after the agency takes over on July 1st, 2021, we should expect to see more organizations in line with privacy regulation and more notices being sent for negligence. Businesses must have an end-to-end automated solution that can process subject access requests and provide consumers with a seamless experience to process their privacy requests. We will keep you updated on California's Privacy Protection Agency's key initiatives or guidelines as we get more information.

Monique Becenti
About Monique Becenti
Monique Becenti is the Product Marketing Manager at Truyo. She has deep technical knowledge in technology with an emphasis on data privacy.
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