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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.

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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.

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Update: Governor Gavin Newsom Signs AB-1281

Governor Gavin Newsom signed Assembly Bill 1281 on Tuesday, September 29, 2020. The bill extends the business-to-business and employee partial moratoria, also known as employee privacy rights, until the end of 2022.

According to Michael Hellbusch, partner at Rutan and Tucker, AB-1281, as most privacy professionals know, Proposition 24 a.k.a. the California Privacy Rights Act (CPRA), which will be voted on at the November 3rd election, would extend the same employment and B2B carve-outs until 2023. As a result, the Legislature inserted a provision in AB-1281 which provides that the law only takes effect if Proposition 24 is not approved at the election. While polling suggests Prop. 24 has strong voter support, the passage of AB-1281 signals that the Legislature considers the carve-out extensions to be too important to leave to popular vote. 

Even with the employment extension, businesses have already begun reevaluating the personal information collected about their employees and independent contractors due to the notice at collection requirement under the CCPA. The CCPA requires employers to provide at or before the point data is collected, a notice that describes the categories of data being collected, including the purposes it will be used.

Monitoring employee data, especially during the COVID-19 pandemic, is paramount. Health data collected during contact tracing, health monitoring, and temperature checks becomes a normalized business practice in ensuring employees' safety in the workplace. For many organizations, personal information necessarily collected for COVID-19 related purposes will be new data types and much more sensitive than data collected during an ordinary course of business, which means awareness and compliance should be top of mind to when handling this type of data, as it is not exempt from privacy regulations such as the CCPA.

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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