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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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Update: Senate Vote on Colorado Privacy Act is In

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. 

Truyo's president Dan Clarke says, "I think there is a good chance that is sufficient time to reconcile, especially given the relative attention on this issue and that it passed unanimously." The addition of two House sponsors, Republican Terri Carver and Democrat majority co-whip Monica Dunn also give the bill much-needed support to garner approval from the Colorado State Senate. 

Amendments to the Colorado Privacy Act

Past revisions to the bill are said to have moved the needle from a largely pro-consumer angle to pro-business, according to Husch Blackwell. The current bill passed by the Colorado State Senate reversed those elements in favor of consumers.

Revisions include changes to contractual requirements between controllers and processors similar to the California Privacy Rights Act and Virginia Consumer Data Protection Act, as well as modifications made to the definition of "sale" and consumer right to deletion. Also, an enforcement component that requires the Attorney General and district attorneys to provide a business notice of a violation and 60 days to cure has a sunset date of January 1, 2025.

With these revisions we expect a high likelihood of passage for the Colorado Privacy Act. Truyo will continue to monitor this bill as we approach the June 12th deadline. 

 

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