Colorado Becomes Fourth State to Give Residents Control of Their Online Data

istockphoto.com/anyaberkut

 

Connecting state and local government leaders

The Colorado Privacy Act allows residents to opt out of data collection and gain access to more insight about how their information is collected and used.

Colorado residents will be able to opt out of online data collection and gain greater transparency into how that data will be used under legislation signed into law this month.

The bill, signed by Gov. Jared Polis on July 7, gives residents the right to opt out of data collection; “access, correct or delete” the data, or obtain a portable copy of the collected information. The legislation also requires companies to clearly communicate what data they collect, what they do with it, and how long they store it.

The bill applies only to commercial businesses that process the personal data of at least 100,000 consumers each year or make money, or receive discounts by selling or controlling data from at least 25,000 consumers. It also provides exceptions for certain companies, including financial and consumer reporting institutions and airlines. 

Violations of the policy are considered “deceptive trade practices” under the state’s Consumer Protection Act, each punishable with a $20,000 fine. Enforcement authority will be granted to both the state attorney general and district attorneys, with the state office also in charge of rule-making. Companies will initially have 60 days to correct violations before being fined, a provision that ends two years after the bill takes effect in July 2023.

“This bill protects consumers' personal data by ensuring a reasonable and straightforward way for consumers to opt out of data collection for targeted advertising and data sale,” Rep. Monica Duran, a Democrat and one of the bill’s co-sponsors, said on Twitter. “This bill also honors businesses' ability to continue to use data and current practices such as targeted advertising under new and improved guidelines. It also creates a universal opt-out option that will be available in a few years.”

The legislation passed with bipartisan support in both the state Senate (34-0) and House (57-7) but encountered resistance from some business groups, who worried about the cost of complying with the policy. 

That complaint is a common refrain for state-level policies—considered by at least 30 states and Puerto Rico in 2020—which differ in scope and detail. The patchwork of laws creates what opponents say is a regulatory minefield that can be difficult—and expensive—to comply with and understand. A national policy, enacted by Congress, would make more sense, said Carl Holshouser, senior vice president of TechNet, a bipartisan advocacy group of technology CEOs.

“This approach would create a patchwork of laws across the country that are bad for consumers and bad for business,” Holshouser said in a statement. “It leaves consumers confused and unprotected, depending on where they live, and hurts small and medium-sized companies who don’t have the time, money, or resources to comply with 50 different state privacy regimes that would expose them to constant legal battles that could drive them out of business.”

In March, U.S. Rep. Suzan DelBene, a Democrat from Washington, introduced a bill to create a national policy, but the legislation never came to a vote or a committee hearing.

Colorado is the fourth state to enact a comprehensive data privacy law, following similar moves by Nevada, Virginia and California. Colorado’s policy is most similar to those in Virginia and California, which also give consumers the right to opt out of data collection, though there are some differences. (Colorado’s law applies to nonprofit organizations, for example, while both California and Virginia exempt them.)

In a statement after signing the bill, Polis told lawmakers the legislation would require “clean-up” in the next legislative session to ensure that privacy protections don’t hinder the state’s technological and economic progress.

“My chief concern is ensuring Colorado’s competitiveness with other states as an incubator of new technologies and innovations,” he wrote. Those conversations have begun between lawmakers and stakeholders, he continued, and “we encourage those to continue but urge that they strike the appropriate balance between consumer protection while not stifling innovation and Colorado’s position as a top state to do business.”

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.