This is comparable to sunset provisions in California (January 1, 2023) and Colorado (January 1, 2025). This webinar will present an overview of the CPRA, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, and the Virginia . Under the CTDPA, the Connecticut AG has exclusive authority to enforce violations of the act, but the AG is not authorized to engage in rulemaking. The CTDPA defines sales similar to California and Colorado (i.e., monetary or other valuable consideration) and, therefore, is broader than the definitions used in Virginia and Utah. Consent under the Connecticut Consumer Privacy Act is a clear affirmative action that a satisfying consumer has given in regard to the collection, processing, and use of personal data. Chambers and Partners also rated Hunton Andrews Kurth the top privacy and data security practice in itsChambers Global,Chambers USAandChambers UKguides. Under the CTDPA, consumers will have the right to: Among other obligations, controllers will be required to: The CTDPA shares many similarities with the California Consumer Privacy Act (CPRA), Colorado Privacy Act (CPA), Virginia Consumer Data Protection Act (VCDPA) and Utah Consumer Privacy Act (UCPA). Doing this effectively requires preparing for three important phases of incident response: Readiness is all about making sure response plans are in place before theyre ever needed that way the company can jump into action as quickly as possible following an incident. However, Connecticut resolves any such ambiguity and specifically requires controllers to provide a mechanism for such revocation. [6]Under CPOMA, the contract must require a processor to assist a controller in: 1) responding to consumer requests; 2) meeting its security and data breach notification obligations; and 3) providing information to the controller for the purpose of conducting DPAs. The Section advises the Attorney General and the Commissioner of the Department of Consumer Protection on consumer protection matters and represents and defends the Department of Consumer Protection in court. On April 28, 2022, the Connecticut General Assembly passed SB 6, " An Act Concerning Personal Data Privacy and Online Monitoring ," which is currently with the governor awaiting signature. The Connecticut Privacy Act applies to "personal data", which is defined as "any information that is linked or reasonably linkable to an identified or identifiable individual," not including de-identified data or publicly available information. If the breach involved social security or taxpayer identification numbers, the company must offer identity theft prevention services for at least 24 months. the act appears to be just a first step in connecticut's expansion of privacy regulation: the act provides for the establishment of a task force, chaired by members of the state general assembly and including representatives from business, academia, consumer advocacy groups, and the office of state attorney general, to study a range of The fact that Connecticut joined Colorado in requiring controllers to recognize opt-out signals should not be overlooked. When the Connecticut General Assembly passed the Connecticut Data Privacy Act last week, it became the fifth U.S. state to pass legislation regulating how people's data is collected and shared online. In line with the CPA and VCDPA, the CTDPA requires controllers to obtain parental consent for the collection of personal data from a known child (i.e., children under 13 years old). The CTDPA exempts certain entities, including, for example, state and local government entities, nonprofits, higher education institutions, financial institutions subject to the Gramm-Leach-Bliley Act (GLB), and qualifying covered entities and business associates subject to the Health Insurance Portability and Accountability Act (HIPAA). Subject to the Governor's approval, Connecticut will join California, Virginia, Colorado, and Utah as states having passed broad consumer privacy bills. CPOMA prohibits the processing of sensitive data without first obtaining the consumer's consent, or in cases of sensitive data concerning a known child, obtaining verifiable parental consent in accordance with COPPA. human vs. technical error). Copyright 2022 Wilson Sonsini Goodrich & Rosati. And Then There Were Five: Connecticut Enacts Comprehensive Privacy Law, Special Purpose Acquisition Companies (SPACs), Committee on Foreign Investment in the U.S. (CFIUS), FDA Regulatory, Healthcare, and Consumer Products, Antitrust Compliance and Business Strategy, Third-Party Merger and Non-Merger Antitrust Representation, Foreign Ownership, Control, or Influence (FOCI), An Act Concerning Personal Data Privacy and Online Monitoring. This is a hotly contested issue. The law is quite comprehensive with strict provisions on a data subject's rights to request data deletion data and withdraw their consent. As with most of the existing U.S. state privacy laws, the CTDPA does not provide for a private right of action. Connecticut now joins California and Colorado in that debate forming the 3Cs of state privacy law. Additionally, controllers may not process personal data for targeted advertising, or sell the consumer's personal data without the consumer's consent, under circumstances where a controller has actual knowledge, and willfully disregards, that the consumer is a minor between 13-15 years of age. This is particularly true given recent reports that industry lobbying groups intend to push the Utah variant as the standard for state and federal privacy legislation. Keypoint: Subject to the Governor's approval, Connecticut will become the fifth state to pass a broad consumer privacy act with a bill that is. He routinely counsels clients on responding to data breaches, complying with privacy laws such as GDPR and the California Consumer Privacy Act, and complying with information security statutes. [5]Under CPOMA, the privacy notice must include the categories of personal data processed, the purposes for processing, how consumers may exercise their consumer rights and appeal a controllers decision, the categories of personal data shared with third parties, the categories of third parties, and an active email address or other online mechanism to contact the controller. By posing as a legitimate user, hackers can gain access to secure systems to view or acquire data. If the Colorado Attorney Generals office chooses to address this issue in CPA rulemaking it could look to the CTDPAs definition. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. Public Act No. The Connecticut Attorney General will not be required to issue regulations on opt-out signals; however, the CTDPAs requirements for such signals largely (and deliberately) track the CPAs requirements, thus aligning the two. On May 10, 2022, Connecticut became the fifth state to enact comprehensive consumer privacy legislation, creating new rights for Connecticut residents and new obligations for certain organizations doing business in the Constitution State. Initially, from the period of July 1, 2023-December 31, 2024, the attorney general will provide companies with a notice of alleged violations and a 60-day cure period, if the attorney general determines that a cure is possible. . On May 10, 2022, Connecticut Governor Ned Lamont signed "An Act Concerning Personal Data Privacy and Online Monitoring" (SB 6) (CPOMA).1. 6 Game-Changing Trends Impacting Incident Reporting, U.S. Cyber Incident Reporting for Critical Infrastructure Act, How to Get the Privacy Tools Your Team Needs, How to Survive a Data Breach (and Avoid Litigation), Connecticuts Data Privacy Act Joins the Growing Ranks of US Privacy Laws, BreachRx Recognized With Two Independent Awards in October, Utahs Consumer Privacy Act Brings More Comprehensive Privacy Legislation to the US, Revelstoke Teams Up with BreachRx Offering Users Automated Incident Response and Compliance Solutions, Controls or processes personal data of 100,000 or more consumers annually, except for personal data used solely to complete a payment, Derives over 25% of gross revenue from the sale of personal data and controls or processes personal data of 25,000 or more consumers, Being transparent about what data is collected and the purpose for which it will be used, Limiting data collection to only whats necessary, Not using data for secondary purposes than what was disclosed to consumers, Not discriminating against consumers for exercising their rights under the law, Allowing consumers to revoke their consent, Obtaining opt-in consent before processing sensitive data (defined as personal data that reveals racial or ethnic origin, religious beliefs, mental or physical health conditions, sex life or sexual orientation, citizenship or immigration status, genetic or biometric data for identification, childrens data, and precise geolocation data), Establishing, implementing, and maintaining reasonable administrative, technical, and physical security practices to protect the confidentiality, integrity, and accessibility of personal data, Conducting a data protection assessment for any processing that presents a heightened risk of harm to consumers, including processing data for personal advertising, selling personal data, processing sensitive data, and processing personal data for profiling that could create a risk of unfair treatment, financial, physical, or reputational injury, or intrusion of privacy, Drivers license or state identification card number, Financial account number in combination with any required security code, access code, or password, Individual taxpayer identification number, Identity protection personal identification number issued by the IRS, Passport, military identification, or other identification number issued by the government to verify identity, Information about an individuals medical history, mental or physical condition, or medical treatment or diagnosis, Health insurance policy number, subscriber identification number, or any unique identifier from a health insurance company, Biometric information, including electronic measurements of unique physical characteristics used to authenticate or identify an individual (e.g. Instead, the CTDPA provides that a working group will be convened to study and make recommendations to the Connecticut General Assembly on various topics concerning data privacy. Global Privacy and Cybersecurity Law Updates and Analysis. We analyzed many of these differences in our ten-part series on the CPRA, CPA, and VCDPA. The CTDPA empowers Connecticut consumers with five specific rights over their personal data: Right to access Consumers are provided with the right to "confirm whether or not a controller is processing the consumer's personal data and access such personal data." However, this right is subject to "trade secret" exemption. Consistent with other U.S. state privacy laws, controllers have 45 days to respond to consumer requests and this time period can be extended once by an additional 45 days. May 11, 2022 Lawyers On Tuesday, May 10, Connecticut Governor Ned Lamont signed into law, "An Act Concerning Personal Data Privacy and Online Monitoring," making Connecticut the fifth state to enact consumer data privacy legislation. Specifically, companies should take a proactive approach to security and incident response by developing response plans, confirming stakeholder responsibilities, and coordinating workflows along the way. The CTDPA defines dark patterns using the same language along with referencing any practices that the Federal Trade Commission refers to as a dark pattern. That was certainly the case in Connecticut. Connecticut is now the fifth state to enact a consumer privacy law. The above only scratches the surface of the CTDPA and how it compares with existing state privacy laws. Favorable Report, Tabled for the Calendar, Senate. Virginia is somewhere in between. Important efforts during the ongoing management phase include introducing a centralized dashboard for reporting on incident response plans and keeping track of changes to regulations and contracts, keeping stakeholders aligned on their responsibilities and changes to plans, and identifying ways to strengthen response efforts by shoring up areas of weakness. On April 28, 2022, the Connecticut legislature passed what we are calling the Connecticut Data Privacy Act (CTDPA) (SB 6). As more states roll out state-specific privacy laws, the ability to determine whether an individual attempting an opt-out is a resident of a particular state will likely become more and more critical for businesses' compliance efforts. Senate Bill ('SB') 893 for an Act Concerning Consumer Privacy was tabled for the calendar, on 8 April 2021, in the Senate. Verrill is pleased to offer a sophisticated range of privacy and cybersecurity services. The mailing address is P0 Box 816, Hartford CT 06142-0816. He also represents. However, unlike those two laws, the CTDPA states that controllers must provide an effective mechanism for a consumer to revoke the consumers consent under this section that is at least as easy as the mechanism by which the consumer provided the consumers consent and, upon revocation of such consent, cease to process the data as soon as practicable, but not later than fifteen days after the receipt of such request. Privacy professionals will recognize this concept from the GDPR. The bill will become law if signed by Gov. Connecticut set to join the state privacy law ranks. Similar to ColoPA, CPOMA permits consumers to designate another person to act as their authorized agent to exercise opt-out rights on their behalf. 42-234, no seller of motor gasoline or gasohol shall sell, or offer to sell, an energy resource at an unconscionably excessive price between November 3, 2022 and December 3, 2022. CPOMA's privacy notice requirements are functionally identical to ColoPA's notice requirements.5. CPOMA extends certain data-based exemptions, particularly regarding protected health information under HIPAA and health records under other related laws, and personal information regulated by the Fair Credit Reporting Act (FCRA), federal Driver's Privacy Protection Act (DPPA), the family Educational Rights and Privacy Act (FERPA), the federal Farm Credit Act, or personal data processed under the Airline Deregulation Act by an air carrier. The Connecticut Data Privacy Act ( CTDPA ), which will go into effect July 1, 2023, is now the fifth and latest comprehensive state consumer privacy law, giving companies doing business in the state less than two years to comply. Employment-related data and business-to-business (B2B) data are also exempt. In so doing, the CTDPA aligns with the CPRA. As with existing U.S. state privacy laws, CPOMA requires a binding written contract between controllers and processors that clearly sets out instructions for processing data, the nature and purpose of processing, the type of data subject to processing, duration of processing, rights, and obligations of both parties.6. What companies need to know about the first comprehensive privacy law in the Northeast. Case results do not guarantee or predict a similar result in any future case. CPOMA does not provide a private right of action; the Connecticut attorney general has exclusive enforcement authority. A business that willfully disregards the consumers age shall be deemed to have had actual knowledge of the consumers age. We discussed these issues further here. Questions about this process, or complaints regarding company compliance with the Insurance Information and Privacy Protection Act, should be directed to the Consumer Affairs Unit of the Insurance Department. The emergence of a prevailing model also arguably makes it less urgent that federal lawmakers pass a law a theory we first discussed in August 2021 in our Legislating Data Privacy podcast. He also represents clients in data security-related litigation. by (A) retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring the consumers personal data remains deleted from the controllers records and not using such retained data for any other purpose pursuant to the [the CTDPA], or (B) opting the consumer out of the processing of such personal data for any purpose except for those exempted pursuant to the CTDPA. Connecticut is gearing up to be the next state with a comprehensive privacy law. Comparison Chart. Like the CPA and CPRA, the CTDPA prohibits the use of dark patterns to obtain consent. Sunsetting of the Right to Cure Violations. As states continue to propose legislation, attention needs to be paid to what variant of the WPA model lawmakers are proposing. Joseph Duball. [1]Wilson Sonsini derived the CPOMA acronym from the Acts title: Connecticut personal data Privacy and Online Monitoring Act. The Connecticut Act Concerning Personal Data Privacy and Online Monitoring (CTDPA) was signed into law on May 10, 2022 and is scheduled to take effect on July 1, 2023. Despite its unique name, CPOMA does not expressly regulate online monitoring; the sole reference to online monitoring is in the Acts title. However, the Connecticut law is much more consumer-focused than Utah's privacy law because it focuses on allowing consumers the right to opt-out. Ned Lamont has signed an act into law that provides protections for consumer data privacy. Like Colorado and Virginia, Connecticut residents will have the right to opt out of sales, targeted advertising, and profiling. The CTDPA also borrows from the CCPA regulations by allowing controllers to deny an opt-out request if they have a good faith, reasonable and documented belief that such request is fraudulent. The effective date of the Connecticut Data Privacy Act is July 1, 2023. COPPA: Children's Online Privacy Protection Act: Federal law that protects the privacy of children under 13 years of age when online or using a mobile app. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. An older version of the law allowed for 90 days and enabled organizations to skip notifying individuals if an investigation revealed low likelihood of harm; however, the latest version of the law changes this and requires a notification in the shorter timeframe regardless of any investigative outcomes. Enforcement protocols differ slightly as the law gets fully rolled out. The Act would establish a framework for controlling and processing personal data, and include the now-typical consumer rights to access, correct, delete, and know how businesses are using their personal data. As discussed below, there are parts of the Connecticut bill that are arguably stronger than the CPRA and CPA. On March 23, 2021 in the Senate: The firm is a leader in its field and for the fourth consecutive year has been ranked byComputerworldmagazine in a survey of more than 4,000 corporate privacy leaders as the top law firm globally for privacy and data security. However, the CTDPA goes further than the CPA and VCDPA by stating that controllers shall not process the personal data of a consumer for purposes of targeted advertising, or sell the consumers personal data without the consumers consent, under circumstances where a controller has actual knowledge, and willfully disregards, that the consumer is at least thirteen years of age but younger than sixteen years of age.. In addition, the CTDPA contains the data broker exemption for the request to delete that recently was added to the VCDPA. not process personal data of a consumer for purposes of targeted advertising, or sell the consumers personal data without the consumers consent, where a controller has actual knowledge and willfully disregards that a consumer is 13-15 years old. With that being said, even though Colorado, Connecticut, Utah, and Virginia use the WPA model, there are significant variations between the laws. This approach is generally consistent with GDPR Recital 51 and European Data Protection Board guidance as reflected in paragraphs 73-75 of Guidelines 3/2019 on processing of personal data through video devices (Version 2, adopted January 29, 2020). As comprehensive privacy legislation comes to more states across the US, its important to consider how these laws are both similar to and different from one another. The CTDPA contains many of the same exemptions common-place in these laws, including entity-level exemptions for GLBA-regulated entities, HIPAA covered entities and business associates. Like the VCDPA and ColoPA, CPOMA also grants consumers the right to opt out of the processing of their personal data for the purpose of targeted advertising, sale, and profiling decisions that have legal or similarly significant effects. Like the Virginia law, the Connecticut proposal does not allow for any rulemaking for the attorney general's office (which has exclusive enforcement authority). The Connecticut Data Privacy Act (CTDPA) will take effect on July 1, 2023. Learn more about the practice. Greater safeguards to personal data are the focus of legislation that has now become law in Connecticut, Gov. The CTDPA establishes a privacy task force to study additional topics and provide a report to the Joint General Law Committee no later than January 1, 2023. He spent countless hours finding solutions for complex problems and bringing as many varying interests to the table as possible. Subject to the Governors approval, Connecticut will join California, Virginia, Colorado, and Utah as states having passed broad consumer privacy bills. Noticeably absent from the CTDPA is authorization for the Attorney General to engage in rulemaking. Additionally, after the CTDPA goes into effect, the attorney general has until February 1, 2024 to submit a report to the Connecticut General Assembly detailing the number violations found, the nature of those violations, the number of violations cured, and any other relevant information. 2 min read, Photos permitted as evidence of parking offences, Bavarian court rules, Help AG Partners with ExtraHop to Offer Enhanced Network Detection and Response, Inside the messy rollout of Kemps $350 payments to Georgians, Privacy commissioner slams government for not sharing health-care bill ahead of 2nd reading, Discount Up To 70% on Identity Information Protection Service Market to Examine Growth, Incredible Demand in Coming Years 2022-2029| Symantec, Experian, Equifax, BCX: The public sector must reimagine cybersecurity to enable e-government ideal. On April 28, 2022, the Connecticut legislature passed what we are calling the Connecticut Data Privacy Act (CTDPA) ( SB 6 ). CPOMA also incorporates a consumer appeals process for denied requests that mirrors the VCDPA and is substantially similar to ColoPA. In the absence of any progress at the federal level, states have taken matters into their own hands with the introduction of proposed consumer privacy legislation geared toward placing greater protections over consumers' sensitive personal data. David is leader of Husch Blackwells privacy and cybersecurity practice group. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Warns of Threat to Synagogues in New Jersey Officials have urged congregations to take security precautions after getting credible information about an increased level of risk. The governor announced Public Act 22-15 has been signed. This is six months after such signals must be recognized in Colorado. We explored these issues further here. Ned Lamont said. If enacted, the Connecticut Act Concerning Consumer Privacy (The Act) would join the existing nationwide patchwork of state privacy laws. These obligations include: Serious security incidents require a response under Connecticut law, however these requirements are governed by a 2021 law An Act Concerning Data Privacy Breaches rather than the CTDPA itself. This obligation is similar to the CPRA's requirement to obtain consent from consumers less than 16 years of age before selling or "sharing" (for cross-context behavioral advertising purposes) their personal information. If the last few years of tracking proposed state privacy legislation have shown us anything, it is that it is incredibly more difficult to pass good legislation than it is to pass bad legislation. Melissa J. Krasnow Cyber and Privacy Risk and Insurance June 2022 Senate Bill ('SB') 6 for An Act Concerning Personal Data Privacy and Online Monitoring was filed, on 16 March 2022, with the Legislative Commissioner's Office. As is becoming increasingly familiar, CPOMA uses a controller/processor framework consistent with all other U.S. states with omnibus consumer privacy laws so far, except California. Need help covering regulatory requirements during your incident response? CPOMA applies to persons that conduct business in Connecticut or produce products or services targeted to Connecticut residents ("consumers") and that during the preceding calendar year: 1) controlled or processed the personal data of not less than 100,000 consumers, excluding personal data controlled or processed solely for the purpose of completing payment transactions; or 2) controlled or processed the personal data of not less than 25,000 consumers and derived more than 25 percent of their gross revenue from the sale of personal data.
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