The text of the proposed Connecticut data privacy law, . Learn more today. Connecticut Senate Bill 2022 Regular Session Introduced in Senate Passed Senate Apr 20, 2022 Passed House Apr 28, 2022 Signed by Governor May 10, 2022 An Act Concerning Personal Data Privacy And Online Monitoring. Privacy Management Improve your data quality and simplify business decision-making. Provide Connecticut residents with a privacy notice describing the categories of personal data processed and the purpose of the processing, if the entity shares or sells personal data with third parties, and how the consumer may exercise their right to access, modify, delete, or opt-out of the businesss use of personal data for targeted advertising or sale. Transparency obligations and process for exercise of individual rights, Section 1798.135. As such, entities may face civil penalties up to $5,000 per willful violation. The effective date of the Connecticut Data Privacy Act is July 1, 2023. Privacy notice presentation requirements, training and honoring opt-outs, Section 1798.150. The comprehensive privacy bill will now move to the Connecticut House, where it has the potential to become the nation's fifth state privacy bill. More high-profile speakers, hot topics and networking opportunities to connect professionals from all over the globe. Consumers also have the right to delete personal data provided by, or obtained about, the consumer., Right to data portability. Do you have a mechanism to respond to a browser plug-in indicating that a consumer intends to opt-out of the processing of the personal? Confirm whether or not a controller is processing their personal data and access such personal data, unless such confirmation or access would require the controller to reveal a trade secret; Correct inaccuracies in their personal data, taking into account the nature of the personal data and the purposes of the processing of the consumers personal data; Delete personal data provided by, or obtained about, the consumer; Obtain a copy of their personal data processed by the controller, in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance; Opt out of the processing of the personal data for purposes of: Profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer, Takes reasonable measures to ensure that such data cannot be associated with an individual, Publicly commits to process such data only in a de-identified fashion and not attempt to re-identify such data and, Contractually obligates any recipients of such data to satisfy the criteria set forth in the above, Based on a consumers activities within a controllers website or online application, Based on the context of a consumers current search query or visit to a website or online application, Directed to a consumer in response to the consumers request for information or feedback. The legislation will become law with a signature from Gov. We have unique solutions for your business and expertly handle benefits enrollment and administration. This is similar to Colorado's law mandating recognition of universal opt-out signals beginning July 1, 2024. On May 10, 2022, Connecticut became the fifth U.S. state with comprehensive consumer privacy legislation after Gov. like existing state data privacy laws, the ctdpa grants consumersdefined as connecticut residents who are not acting in a commercial or employment contextvarious rights, including: (1) to confirm whether an entity acting as a data controller is processing their personal data, and to access such data; (2) to obtain a copy of their personal data Consumers have the right to correct inaccuracies in the consumers personal data, taking into account the nature of the personal data and the purposes of the processing of the consumers personal data., Right to delete. Processing personal data for the purposes of profiling, where such profiling presents a reasonably foreseeable risk of substantial injury to consumers. The IAPPS CIPP/E and CIPM are the ANSI/ISO-accredited, industry-recognized combination for GDPR readiness. Meet the stringent requirements to earn this American Bar Association-certified designation. A violation of the CTDPA amounts to an unfair trade practice under the Connecticut Unfair Trade Practices Act, imposing penalties of up to $5,000 per violation. Locate and network with fellow privacy professionals using this peer-to-peer directory. Have ideas? It draws heavily from Colorado's law and the Virginia Consumer Data Protection Act with many of the laws provisions either mirroring or falling somewhere between the Colorado and Virginia laws but contains a few notable distinctions that should be factored into an entitys compliance efforts. controlled or processed the personal data of at least 25,000 Connecticut consumers if the business derived more than 25% of their gross revenue from the sale of personal data. Melissa J. Krasnow Cyber and Privacy Risk and Insurance June 2022 Add to your tech knowledge with deep training in privacy-enhancing technologies and how to deploy them. CAUTION - Before you proceed, please note: By clicking "accept" you agree that our review of the information contained in your e-mail and any attachments will not create an attorney-client relationship, and will not prevent any lawyer in our firm from representing a party in any matter where that information is relevant, even if you submitted the information in good faith to retain us. Controllers must also establish a conspicuously available appeal process for consumers to appeal a controllers refusal to act on a request within a reasonable time. You can read the full text of the Act Concerning Personal Data Privacy and Online Monitoring on the Connecticut General Assemblys website. What technical and physical safeguards are in place to protect consumer data? Pease International Tradeport, 75 Rochester Ave.Portsmouth, NH 03801 USA +1 603.427.9200, CDPO, CDPO/BR, CDPO/FR, CIPM, CIPP/A, CIPP/C, CIPP/E, CIPP/G, CIPP/US, CIPT, LGPD. On May 10, 2022, Connecticut became the fifth state in the United States to put privacy legislation into law when the governor signed the Connecticut Data Privacy Act (CTDPA). OH & TX member, @voryslaw, has launched Vista Site Selection, LLC, dedicated to helping companies choose the most advantageous & economically viable sites for strategic investments. View Latest Bill Text Sign In to Follow Bill Subjects The mechanisms for respecting a users privacy preference indication (opt-out) will vary from platform to platform. Any processing of personal data for purposes of marketing and advertising needs to be documented in order to enable adherence to these requests and also structured and stored in such a way as to be able to trace, access, and/or delete the data in question. 2022 Verrill Dana LLP. The law is quite comprehensive with strict provisions on a data subjects rights to request data deletion data and withdraw their consent. Ned Lamont approved Connecticut Senate Bill 6, an Act Concerning Personal Data Privacy and Online Monitoring (the . Connecticuts An Act Concerning Personal Data Privacy And Online Monitoring will go into effect on July 1, 2023. Confirm whether or not a controller is processing the resident's personal data. The bills change the right to delete, add political organizations to the definition of excluded nonpro With Gov. The DPIA is also not required when processing data for the purpose of profiling. The purpose for processing personal data. In this sense, the law resembles the California Privacy Rights Act, where, although recognition of universal opt-out signals is optional, opt out requests need not be authenticated since the harms associated with an unauthenticated access request, for example, do not apply to a request that opts a consumer out of targeted advertising, sales, or profiling. Any practices involving personal data must be documented, evaluated, and ultimately disclosed to your users, giving them the right to opt-out of various uses of their personal data. We will be in touch with your results soon. ; Patient safety work product for purposes of section 19a-127o of the Connecticut General Statutes and the Patient Safety and Quality Improvement Act, 42 U.S.C. If you aren't, you need to be. Publicly available information means information that (A) is lawfully made available through government records or widely distributed media, and (B) a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.. If the appeal is denied, the controller must provide the consumer with an online mechanism or other method to contact and submit a complaint to the attorney general. The law goes into effect Dec. 31, 2023. A locked padlock) or https:// means you've safely connected to the .gov website. Sec. Like its predecessors, Connecticuts law requires controllers to provide consumers with a reasonably accessible, clear and meaningful privacy notice. Privacy notices must include: Additionally, if personal data is sold to third parties or processed for targeted advertising, controllers are required to clearly and conspicuously disclose such processing and how consumers may exercise their opt-out rights. Right to opt out. Like its predecessors, Connecticuts law requires controllers to provide consumers with a reasonably accessible, clear and meaningful privacy notice. Privacy notices must include: The categories of personal data processed by the controller. (b) The following information and data is exempt from the provisions of sections 1 to 11, inclusive, of this act: (1) Protected health information under HIPAA; (2) patient-identifying information for purposes of 42 Like its predecessors, Connecticut's law requires controllers to provide consumers with a "reasonably accessible, clear and meaningful privacy notice." Privacy notices must include: The categories of personal data processed by the controller. Connecticut's Data Privacy Law By Nicole E. Cloyd on 6.13.2022 The new Connecticut data privacy lawinconveniently titled "An Act Concerning Personal Data Privacy and Online Monitoring" (hereinafter referred to as "CPDPA") was signed into law on Tuesday, May 10, 2022 and will have an effective date of July 1, 2023. This article discusses CTDPA application and definitions, consumer rights, privacy notice, and related requirements. Private right of action, Section 1798.185. Connecticut's Act Concerning Personal Data Privacy and Online Monitoring was passed by the state Senate and House in late April and signed by the Governoron May 10, making Connecticut the 5th U.S. state to enact a comprehensive privacy law after California, Virginia, Colorado and Utah. Starting at 1 a page, $5 a minute, our team will do all the redaction work for you. The following links to resources may be helpful in drafting such a privacy policy. Controllers are obligated to respond to a consumers request without undue delay, but within 45 days after receiving the request, which may be extended an additional 45 days when reasonably necessary. 1 Substantively, CPOMA largely tracks the Colorado Privacy Act (ColoPA) and Virginia Consumer Data Protection Act (VCDPA). You can track the progress of SB 6 here. Learn the intricacies of Canadas distinctive federal/provincial/territorial data privacy governance systems. Connecticut may have been one of the smallest of the 13 original colonies, but its size belies its impact on the Revolutionary War. Concentrated learning, sharing, and networking with all sessions delivered in parallel tracks one in French, the other in English. t. e. Robert Heron Bork (March 1, 1927 - December 19, 2012) [1] was an American judge, government official, and legal scholar who served as the Solicitor General of the United States from 1973 to 1977. In the article Lazarus, Fee Verrill attorneys David G. Lazarus , Michael K. Fee , and Jeffrey Smagula recently wrote the article "What's Notable In DOJ's 1st Cyber-Fraud Initiative Settlement" published in Law360 . Ralph Northams, D-Va., signature of the Virginia Consumer Data Protection Act March 2, 2021, Virginia became the second state to enact a broad, multi-rights privacy bill. For each processing activity that presents a heightened risk of harm to consumers, controllers must conduct and document a data protection assessment. As a small business owner here in Connecticut, it is not often that I have the opportunity to praise our politicians. With the addition of the Connecticut Data Privacy Act (CTDPA), Connecticut joins California, Virginia, Colorado, and Utah, in regulating businesses that possess, store, and/or sell. Absent consent, the law, like Virginia and Colorado, prohibits controllers from processing sensitive data. Buy CaseGuard Redaction Software. Covered entities and business associates as defined by the Health Insurance Portability and Accountability Act. Entities preparing for Colorado's law will be able to leverage some of their compliance efforts, especially when it comes to consumer rights. June 18, 2021, 7:34 PM Connecticut's Consumer Data Privacy Act, which closely resembles the law recently enacted in Virginia, nearly slipped passed my radar and into law. 299b-21 et seq., as amended from time to time; The laws right to cure takes after Colorado's law in more than one way in that it will also cease to be required beginning Jan. 1, 2025, after which the attorney general will have discretion in whether to provide an opportunity to cure. Certification des comptences du DPO fonde sur la lgislation et rglementation franaise et europenne, agre par la CNIL. However, Connecticut's Privacy law has two shortcomings: It does not require controllers or processors to perform Data Protection Impact Assessments (DPIAs) when processing minors' data. Violations of this privacy law automatically constitute an unfair trade practice permitting the Attorney General bring a claim under the Connecticut Unfair Trade Practices Act (CUTPA), further exposing violators to injunctive action, actual and punitive damages, and civil penalties. The CTDPA is similar in scope to other state privacy laws but, notably, it lacks an annual revenue threshold and exempts data that's only used for payment transactions. Access all reports and surveys published by the IAPP. On April 28, 2022, the Connecticut legislature passed what we are calling the Connecticut Data Privacy Act (CTDPA) ( SB 6 ). Notwithstanding a few deviations, these same rights are in the Virginia and Colorado laws. Specific employee and job applicant data are also exempt. Recognizing the advanced knowledge and issue-spotting skills a privacy pro must attain in todays complex world of data privacy. If signed into law by the Governor, Connecticut will be the fifth U.S. state to implement a comprehensive privacy law. 2021 was a busy year for state legislatures, with both Virginia and Colorado enacting new consumer . The purpose for processing personal data. Subscribe to the Privacy List. The Connecticut House approved the bill by a vote of 144 to 5, after the Senate unanimously approved it last week. Consumers have the right to confirm whether or not a controller is processing the consumers personal data and access such personal data. However, unlike the Virginia law, it provides an exception to this right where such confirmation or access would require the controller to reveal a trade secret., Right to correct. The Connecticut Data Privacy Act (CTDPA) was signed by Governor Ned Lamont on Tuesday, May 10, 2022. laws, the CTDPA follows a controller/processor model and lays out both specific rights for users, as well as specific obligations for businesses that process users data. What should your business do in the meantime? Right to information about collection and disclosure of personal information, Section 1798.115. 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 comparable to the Colorado Privacy Act. Update: On April 28, 2022, the Connecticut House passed a comprehensive privacy bill that cleared the Connecticut Senate last week, paving the way for Connecticut to become the fifth state with a comprehensive privacy law. These include: The activities specifically outlined are many activities that advertisers and marketers are responsible for. All advertising activities need to be evaluated in this manner. The FOIA/Privacy Act Division, in the Office of the Assistant Secretary for Public Affairs (ASPA), is the focal point for HHS Privacy Act administration, including the HHS System of Records Notices (SORNs) and Computer Matching Agreements (CMAs). As expected based on other state privacy laws, the CDPA does not apply to certain enumerated entities, such as any state and local governments, nonprofits, institutions of higher education, national securities associations covered by the Securities Exchange Act, financial institutions subject to the Gramm-Leach-Bliley Act, or qualifying covered . The Connecticut Attorney General is tasked with investigating and identifying instances of noncompliance. The new Connecticut law is similar to the one Ohio enacted in 2018. ACT (A Contemporary Theatre) of Connecticut is a nonprofit 501(c)(3) professional theatre located in Ridgefield, CT. Spencer Cox, R-Utah, signed the Utah Consumer Privacy Act into law, making Utah the fourth state to enact comprehensive consumer privacy legislation. 11101 et seq. Thank you! You can read the full text of CTDPA here. We're here to help explain the importance of the regulations whenever you need us. the Gramm-Leach-Bliley Act, 15 USC 6801 et seq. Under the law, Connecticut consumers are provided five main rights. Connecticut is just the latest piece in the consumer privacy compliance puzzle. Right to access. This must include: In addition, if the controller sells a consumers personal data or if they process personal data for targeted advertising, they must clearly and conspicuously disclose such processing, as well as the manner in which the consumer can exercise their right to opt-out of such processing. The EU-US Data Privacy Framework: A new era for data transfers? As part of its growing privacy practice, Verrill is pleased to share this advisory on Connecticuts new privacy law. In addition to processing sensitive data, consent is also required to process a consumers personal data for targeted advertising or to sell their data if a controller has actual knowledge of, and willfully disregards, that the consumer is between 13 and 16 years old. Controllers must also establish, implement and maintain reasonable administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of personal data appropriate to the volume and nature of the personal data at issue.. Consumers have the right to confirm whether or not a controller is processing the consumers personal data and access such personal data. However, unlike the Virginia law, it provides an exception to this right where such confirmation or access would require the controller to reveal a trade secret., Consumers have the right to correct inaccuracies in the consumers personal data, taking into account the nature of the personal data and the purposes of the processing of the consumers personal data., Consumers also have the right to delete personal data provided by, or obtained about, the consumer., When exercising their access rights, consumers have the right to obtain a copy of the consumers personal data processed by the controller, in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means, provided such controller shall not be required to reveal any trade secret.. The Connecticut Attorney General ("AG") has exclusive authority to enforce SB 6. When a user submits a request for access or deletion of their personal data, the controller has 45 days to take action on the consumers request and to inform the consumer of any action taken. Are you happy for us to use cookies? Connecticut's " An Act Concerning Personal Data Privacy And Online Monito ring " will go into effect on July 1, 2023. Some of the features on CT.gov will not function properly with out javascript enabled. In May 2022, the Connecticut House of Representatives and Senate approved an Act Concerning Personal Data Privacy and Online Monitoring. However, there is a grace period for enforcement actions until December 31, 2024, for the AG to provide organizations an opportunity to cure any alleged violations. National securities associations registered under the Securities Exchange Act. Need advice? Within this period, organizations have the ability to demonstrate the issue has been fixed in a way that is compliant with the law. ; or (6) covered entity or business associate, as defined in 45 CFR 160.103. Circuit from 1982 to 1988. Sensitive data includes personal data collected from an individual the controller knows is under 13 years old, in which case the data must be processed in accordance with the Childrens Online Privacy Protection Act. **Important This is not legal counsel, the materials provided are for informational purposes only and not for the purpose of providing legal advice. Looking for a new challenge, or need to hire your next privacy pro? As a marketer, you must identify if these activities are occurring and ensure there are mechanisms in place to confirm user choice selections are able to be respected so the users data is no longer sold nor processed for targeted advertising. In particular, SB 6 would cover entities that collect data on more than 65,000 consumers or those making 25% of their revenue from selling the data on more than 25,000 consumers. The effective date of the Connecticut Data Privacy Act is July 1, 2023. Notably, these organizations include non-profit entities, institutions of higher education, financial institutions subject to the Gramm-Leach-Bliley Act, and covered entities and business associates as defined by HIPAA. There's something to be said about resilience and compromise as it relates to legislating on privacy at the state level. 2. Processing personal data solely to measure or report advertising: Reveals racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation, or citizenship/immigration status, Processing of genetic or biometric data for the purpose of uniquely identifying an individual, Personal data collected from a known child. The attorney general may also seek to impose equitable remedies pursuant to the CUTPA, including restitution, disgorgement and injunctive relief. However, moves and a lack thereof on bills in Connecticut and Tennessee, respectively, prove unpredictability still exists with state-level efforts to legi Last week, Virginia Gov. Provisional measure gives Brazil's ANPD independency. 552a ), Like existing state data privacy laws, the CTDPA grants consumersdefined as Connecticut residents who are not acting in a commercial or employment contextvarious rights, including: (1) to confirm IAPP members can get up-to-date information here on the California Consumer Privacy Act and the California Privacy Rights Act. Below is a quick breakdown of what is now the fifith comprehensive state data privacy. Reach out to us today to get started on your journey to privacy-centric data enablement. An example of likely personal data would be a User ID or email which is included in audience lists for activation. The types of activities that must be assessed include: Processing data for the purposes of targeted advertising. This period can be extended for an additional 45 days if reasonably necessary so long as notice is given to the consumer of the extension within the initial 45-day period. Additionally, controllers are required to provide an effective mechanism for consumers to revoke consent that is at least as easy as the mechanism used to provide it. If a consumer decides to exercise any of their rights provided by the law, controllers are prohibited from discriminating against them by denying goods or services, charging different prices or rates for goods or services or providing a different level of quality of goods or services to the consumer.. But unlike Colorado, the law does not require controllers to authenticate opt-out requests, which in theory will make it easier for consumers to opt out. Data Privacy Law and Information Connecticut General Statutes 743dd requires certain businesses to create a privacy policy detailing the ways in which they will protect the personal identifying information of their customers and other parties whose data they possess. Further, you must identify and weigh the benefits that may flow from the processing to the controller against the risks to the rights of the consumer. Categories of personal data being processed; Categories of personal data that the controller shares with third parties, if any; Categories of third parties, if any, with whom the controller shares personal data; and, Active email address or other online mechanism that the consumer may use to contact the controller. National securities associations registered under the Securities Exchange Act of 1934. Like Colorado's law, the law then gives a controller 60 days to cure the violation, which is double the 30-day cure periods granted under the California, Utah and Virginia laws. The CPDPA applies to individuals and entities that conduct business in the state of Connecticut or target products or services to Connecticut residents and either: control or process personal data of at least 100,000 Connecticut consumers (except if the data is processed solely for completing a payment transaction) or control or process the . The article reviews the U.S WESTPORT, Conn. (July 5, 2022) Verrill attorney Tom H. Wilkeson was recently elected as Secretary of the Connecticut Bar Associations Business Law Section for a two-year term. The CPA also does not apply to certain types of personal data maintained in compliance with specific federal privacy laws, such the Health Insurance Portability and Accountability Act and the Fair Credit Reporting Act, or for certain governmental purposes.