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If there are any follow-up questions or concerns, a staff member with the Office of the Attorney Generals Privacy and Data Security Section will contact you. Note that "any person" includes companies. Healthcare These measures must be appropriate for the volume and nature of the personal data the controller processes. Similar to California, the Controller is not required to authenticate an opt-out request, which likely will increase the number of requests that are made once the CTDPA goes into effect. Pursuant toConnecticut General Statutes 36a-701b,any person who owns, licenses or maintains computerized data that includes personal information is required to disclose a security breach to state residents whose personal information is believed to have been compromised. The CTDPA does not explicitly address data retention. This language mirrors the language in Virginia's privacy statute. The Connecticut Law sets forth two categories of regulated data: (1) personal data; and (2) sensitive data. Specifically, before a processor performs processing on behalf of a controller, they must enter into a contract that which clearly sets forth (7-(b) of the CTDPA): A controller must respond to the consumer without undue delay, but not later than 45 days after receipt of the request (4-(c)-(1) of the CTDPA). 6, Gen. She is based in New York. Chris Brook. The new law penalizes any individual or business that intentionally fails to protect personal information. that is necessary to retain to administer benefits for another individual relating to the individual who is the subject of the information under 3-(b)-(1) of the CTDPA and used for the purposes of administering such benefit. ( 12). The CTDPA has many similarities to certain of the existing state privacy laws. This is broader than Utah's and Virginia's privacy statutes in which Consumers are only entitled to their previously provided personal data. If the appeal is denied, the controller must also provide the consumer with an online mechanism, if available, or other method through which the consumer may contact the AG to submit a complaint (4-(d) of the CTDPA). in your email. Please note that if a controller processes personal data pursuant to an exemption in 10 of the CTDPA, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements in (10-(f) of the CTDPA (10-(g) of the CTDPA). The CTDPA provides a controller shall conduct and document a DPIA for each of the controller's processing activities that presents a heightened risk of harm to a consumer, including (8-(a) of the CTDPA). Among the many nuances that distinguish the pair of Connecticut laws, two of the most notable are the fact that neither law gives consumers specific rights (such as the rights to access, correct, delete, and opt out) and that they provide safe harbor protection for compliant businesses. Privacy For larger breaches, most state attorney generals partake in a multi-state settlement that ranges from tens of millions to hundreds of millions of dollars. However, the CTDPA provides that a controller that has obtained personal data about a consumer from a source other than the consumer shall be deemed in compliance with a consumer's request to delete such data pursuant to (4-(4)-(a) of the CTDPA by: In addition, controllers are required to document Data Protection Impact Assessments ('DPIAs') please see section on DPIAs below. The Virginia privacy statute has no such exception. (S.B. The materials herein are for informational purposes only and do not constitute legal advice. All quotes delayed a minimum of 15 minutes. Not process personal data in violation of the laws of Connecticut and federal laws that prohibit unlawful discrimination against consumers. (CTDPA 6; VCDPA 59.1-574(5); CPA 6-1-1308)(7)). (CTDPA 1(18); CCPA 1798.140(t); CPRA 14; CPA 6-1-1303(23(a)); VCDPA 59.1-571; UCPA 13-61-101(31)(a)). While the federal government attempts to move forward with a more uniform national law, Connecticut joined California, Colorado, Utah, and Virginia in passing a comprehensive consumer privacy law.. As a result, any organization that collects and processes data on Connecticut residents must pay close attention to the new types of data covered by this law. the sale of personal data except as provided in 6 of the CTDPA; or. This is similar to other state regulations, leaving California as the only state that provides for a private right of action. The Analyst Team work closely with clients to direct their research for theproduction oftopic-specific Charts. Violations of the Connecticut Data Privacy Act are enforceable under the Connecticut Unfair Trade Practices Act. opting the consumer out of the processing of such personal data for any purpose except for those exempted pursuant to the provisions of CTDPA. ( 3(a)). ( 9). While businesses consider how to comply with Connecticut's new data privacy law, they should also take into account some of the data protection laws already in effect in the state. Moreover, personal data must notbe processed in violation of the laws of Connecticut and US federal laws that prohibit unlawful discrimination against consumers (6-(a)-(5) of the CTDPA). A consumer may also designate an authorized agent to act on the consumers behalf. The obligations imposed on controllers or processors under the CTDPA will not restrict a controller's or processor's ability to collect, use, or retain data for internal use to (10-(b) of the CTDPA): The CTDPA provide for the following principles (6-(a)-(1) of the CTDPA): Data minimisation: Limit the collection of personal data to what is adequate, relevant and reasonably necessary in relation to the purposes for which such data is processed, as disclosed to the consumer. On March 10, 2021, a rights-based data protection bill proposed by Florida's House of Representatives passed out of the House's Regulatory Reform Subcommittee on an 18-0 vote to approve. The legislation signed by Connecticut's governor in May 2022, will take effect on July 1, 2023.However, provisions related to a task force to be convened by the state legislature take effect . The still relatively new safe harbor incentive system may be further . Overview of Changes to Colorado's Consumer Protection Data Protection LawsWho is impacted by the changes to Colorado's consumer data privacy laws?Any person, commercial entity, or governmental entity that maintains, owns, or licenses personal identifying information ("PII") of Colorado residents in the course of its business, vocation, or occupation. On March 7, 2022, the ICO published the latest chapter of its ongoing guidance on operational and organizational requirements for data protection law-compliant data anonymization (including personal data). Completing and submitting this online form is the Offices preferred method for receiving notice about a data breach. Other privacy regulations, such as GDPR and LGPD globally and CCPA/CPRA and CPA in the US, do place the responsibility of protecting consumer information on organizations, but they offer no protection for a business when something goes wrong regardless of what kind of security measures they have in place. The CTDPA establishes rights including a right to access, deletion, as well as portability for consumers, and provides the right to opt-out of targeted advertising, sale of personal data, and automated profiling. First is Connecticuts offer of safe harbor protection from punitive damages for any business that creates, maintains, and complies with a written cybersecurity program that meets certain standards. investigate, establish, exercise, prepare for, or defend a legal claim. Moreover, the CTDPA's requirements do not restrict a controller or processor's ability to collect, use, or retain personal data to perform an internal operation that is reasonably aligned with the consumer's expectations based on their existing relationship with the controller, or otherwise compatible with processing to aid the controller or processor in providing a product or service specifically requested by a consume or the performance of a contract to which they are a party (10-(b)-(4) of the CTDPA). Under 6-(4) of the CTDPA, and except as otherwise provided in the CTDPA, a controller may not process sensitive data concerning a consumer without obtaining the consumer's consent, or, in the case of the processing of sensitive data concerning a known child, without processing such data in accordance with COPPA. You have out of 5 free articles left for the month. If you experienced more than one breach, please submit a separate data breach notice for each. Meeting this goal requires implementing practices based on the program and regularly revisiting it as security standards change. As requirements continue to change, keeping a proactive stance will be essential to remaining compliant. It is designed to address the most common questions we have and should therefore reduce our need to contact you for additional information. 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. Who must provide notice and to whom is it provided? On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effectthe latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for businesses that implement cybersecurity measures. copy of personal data and to opt out of the processing of personal data for certain purposes (e.g., targeted advertising); 3. requires controllers to conduct data protection assessments; 4. authorizes the attorney general to bring an action to enforce the bill's requirements; and 5. deems violations to be Connecticut Unfair Trade Practices Act By signing up you agree to OneTrust DataGuidance's Terms and Conditions and Privacy Policy. The right to opt-out of processing of personal data for targeted advertising or the sale of personal data and profiling that results from solely automated decisions. conduct internal research to develop, improve or repair products, services, or technology; identify and repair technical errors that impair existing or intended functionality. ( 11). The scope, or applicability, for the new Connecticut privacy law includes businesses operating in the state and either maintaining 100,000 consumers' personal information per year or 25,000 consumers' information with 25% of gross revenue from the sale of personal information. This new law isn't extremely different from other data privacy laws from U.S. states, but the distinctions are worth knowing for compliance efforts. See Public Act No. In addition, controller mustnot process the personal data of a consumer for purposes of targeted advertising, or sell the consumer's personal data without the consumer's consent, under circumstances where a controller has actual knowledge, and wilfully disregards, that the consumer is at least 13 years of age but younger than 16 years of age (6-(7) of the CTDPA). Civil penalties may be imposed as followed: Maximum penalty amount for willful violations: $5,000. Connecticut's data privacy law also extends this requirement to children under 16. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. Senate Bill 6, the Connecticut Data Privacy Act ("CTDPA"), passed the Connecticut House of Representatives on April 28, 2022, after clearing Senate approval on April 20. However, the CTDPA stipulates that a controller or processor that discloses personal data to a processor or third-party controller in accordance the CTDPA shall not be deemed to have violated said sections if the processor or third-party controller that receives and processes such personal data violates said sections, provided, at the time the disclosing controller or processor disclosed such personal data, the disclosing controller or processor did not have actual knowledge that the receiving processor or third-party controller would violate said sections data (10-(d) of the CTDPA). A consumer has the right to confirm whether or not a controller is processing the consumer's personal data and access such personal data, unless such confirmation or access would require the controller to reveal a trade secret (4-(a)-(1) of the CTDPA). retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring the consumer's personal data remains deleted from the controller's records and not using such retained data for any other purpose pursuant to the provisions of the CTDPA; or. Ned Lamont, D-Conn, signed the Connecticut Data Privacy Act into law on May 10, 2022 making Connecticut the 5th state after California, Virginia, Colorado and Utah to enact a comprehensive consumer privacy act. As such, 'protected health information' is defined as individually identifiable health information that is: 'Individually identifiable health information' is defined as information that is a subset of health information, including demographic information collected from an individual, and: Biometric data:Data that is generated by automatic measurements of an individual's unique biological characteristics, specifically, by automatic measurements of an individual's fingerprint, voiceprint, eye retinas, irises, or any other unique biological pattern or characteristic that is used to identify a specific individual (1-(3) of the CTDPA). in your email. All case numbers begin with PR followed by seven digits (e.g. Without a federal statute, as more states enact privacy laws, the privacy framework will likely continue to only grow more diverse and complex. Like Colorado's law, Connecticut's looks more pro-consumer than, giving residents of the Nutmeg State the ability to opt out of the sale of, or use of their data for targeted advertising, and profiling. The law governs those who during the preceding calendar year controlled or processed the personal data of (1) at least 100,000 consumers, excluding personal data used solely for the purpose of completing a payment transaction or (2) at least 25,000 consumers and derived more than 25 percent of their gross revenue from the sale of personal data. See here for a complete list of exchanges and delays. Additionally, the new laws represent changes to what was already in place (for example by expanding the definition of personal information and shortening the incident response timeline), and those changes certainly wont be the last. Comparison To Other State Laws. Connecticuts Act Incentivizing the Adoption of Cybersecurity Standards for Businesses covers enforcement for the states data breach laws. SB 6 - named an 'Act Concerning Personal Data Privacy and Online Monitoring' - now heads to the desk of Governor Ned Lamont. Maximum penalty amount for violation of restraining order or injunction: $25,000. The CTDPA does not apply to, among other things (3-(b) of the CTDPA): In addition, the CTDPA does not apply to any person's processing of personal data in the course of such person's purely personal or household activities (10-(e)-(2) of the CTDPA). The CTDPA does not expressly provide that personal data can be processed for the performance of a contract with a data subject. impose any obligation on a controller or processor that adversely affects the rights or freedoms of any person, including, but not limited to: the rights of any person to freedom of speech or freedom of the press guaranteed in the First Amendment to the, subject to suitable and specific measures to safeguard the rights of the consumer whose personal data is being processed; and. This blog post is a bonus supplement to our quarterly Artificial Intelligence and Biometric Privacy Quarterly Review Newsletter. All case numbers begin with PR followed by seven digits (e.g. data generated from a physical or digital photograph or a video or audio recording, unless such data is generated to identify a specific individual. With deep subject matter expertise, our attorneys handle data security incidents; regulatory issues regarding federal and state privacy laws, such as HIPAA, FERPA, COPPA, GLBA and CCPA; international privacy law compliance, such as GDPR; and data security litigation matters. Digital privacy laws are popping up everywhere. Connecticut is poised to become the fifth state to pass comprehensive consumer privacy legislation, after California, Virginia, Colorado, and Utah. ( 6) Further, any Controller in possession of de-identified data is required to "take reasonable measures to ensure that the data cannot be associated with an individual" and "publicly commit" to not attempt to re-identify the data. Risk Management. This webinar explores what is new in the draft CPRA regulations and the ADPPA, as well as the key considerations for companies. Importantly, nothing in the CTDPA must be construed to prevent a controller or processor from providing personal data concerning a consumer to a person covered by an evidentiary privilege under Connecticut law as part of a privileged communication (10- (e) of the CTDPA). The CTDPA's provisions regarding the right to opt-out are broad. 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). He advises clients on data privacy, cybersecurity and technology matters, including data licensing, cloud services and outsourcing issues. Under 4-(a)-(5)-(C) of the CTDPA consumers have the right to opt 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. 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