Moreover, under the CTDPA the Controller must "provide an effective mechanism" for the Consumer to revoke consent "that is at least as easy as the mechanism" provided to give consent. A controller must conduct and document a data protection assessment for each of the controller's processing activities that presents a heightened risk of harm to a consumer. 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. Importantly, the law only covers digital data records. In pursuit of that goal, organizations should consider three critical phases of incident response: The readiness phase is all about having a response plan in place that allows the organization to quickly and confidently respond when an incident does occur. Application and Definitions. Nondiscrimination upon a consumer exercising rights. ( 6). Webinar: Analyzing the Connecticut Data Privacy Act Connecticut Data Protection Law - RSA Conference The Virginia privacy statute has no such exception. 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). Still, variations, particularly in its applicability, opt-out provisions, and consumer rights will necessitate close scrutiny of the law to ensure compliance. Connecticut Passes New Data Protection Measures into Law From there, the team responsible can determine the security framework that works best for the organization based on Connecticuts list and then develop a written cybersecurity program accordingly. ( 8). any means available to verify the age of a child who creates a social media account; possible legislation that would expand the provisions the CTDPA; and. However, the CTDPA provides that its requirements do not restrict a controller or processor's ability to among others (10-(a)-(1) to (4) of the CTDPA): Moreover, the CTDPA states that it does not apply to the obligations imposed on controllers or processors where compliance by the controller or processor would violate an evidentiary privilege under the Connecticut law. 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 It seems that JavaScript is not working in your browser. . 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. parts 160 and 164). 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), most state attorney generals partake in a multi-state settlement, 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, 6 Game-Changing Trends Impacting Incident Reporting and How to Keep Up, Revelstoke Teams Up with BreachRx Offering Users Automated Incident Response and Compliance Solutions, Financial account number in combination with any required security code, access code, or password that would grant access, Passport number, military identification number, or other government identification numbers commonly used to verify identity, Taxpayer identification number or identity protection personal identification number issued by the Internal Revenue Service, Information regarding an individuals medical history, mental or physical condition, or medical treatment or diagnosis by a healthcare professional, Health insurance policy number or subscriber identification number, or any unique identifier used by a health insurer to identify the individual, Biometric information used to authenticate or determine identity, such as a fingerprint, voice print, retina, or iris image, Framework for Improving Critical Infrastructure Cybersecurity from the National Institute for Standards and Technology, Federal Risk and Authorization Management Program (FedRAMP) Security Assessment Framework, Federal Information Security Modernization Act, Reducing the notification deadline from 90 days to 60 days, Eliminating an extension to the notification deadline for ongoing investigations, Name and contact information of the person at the organization reporting the breach, Name and address of the organization and indication about the type of business, General description of the breach, including the date(s) of the breach, when it was discovered, and any remedial steps taken in response, A detailed list of the categories of personal information affected, The number of Connecticut residents affected by the breach, The date(s) the notification was or will be sent to affected Connecticut residents, A template copy of the notification sent to affected Connecticut residents, Whether credit monitoring or identity theft protection services has been or will be offered to affected Connecticut residents, as well as a description and length of such services, Whether the notification was delayed due to a law enforcement investigation (if applicable), Email notice to affected residents if the organization has the appropriate contact information, Conspicuous posting on the company website if the organization has one, Notice to major statewide media, including newspapers, radio, and television. Connecticut Poised to Become Fifth State to Enact Comprehensive (UCPA 13-61-201; VCDPA 59.1-573(4)). | Resources by Data Sentinel Connecticut Data Privacy Law: Keating Muething & Klekamp PLL - KMK Law The CTDPA applies to (2-(1) and (2) of the CTDPA): However, the CTDPA does not apply to, among others (3-a of the CTDPA): The CTDPA applies to controllers or processors who conduct business in the State of Connecticut or produce a product or service that is targeted to consumers who are residents of Connecticut (2-(1) of the CTDPA). Marketing Compliance The expanded definition of personal information in Connecticuts Act Concerning Data Privacy Breaches leads to more potential incidents that can trigger the need to issue a notification. Personal data is broadly defined (as it is in other data protection laws) to include any information that is, or reasonably could be, linked to an identified or identifiable individual. This blog post is a bonus supplement to our quarterly Artificial Intelligence and Biometric Privacy Quarterly Review Newsletter. The Connecticut Privacy Act further outlines where a controller may be capable of charging a reasonable fee. Monday, June 28, 2021. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. This is especially important since Connecticut reduced the amount of time businesses have to issue an incident notification from 90 days to 60 days. The CTDPA also contains strict protections for data of minors. Organizations cybersecurity program must be based on one of the following industry-recognized frameworks to qualify for this safe harbor protection: Any organization subject to Payment Card Industry Data Security Standards (PCI-DSS) must comply with one of the frameworks listed above as well as the current version of PCI-DSS to qualify for the protection. (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)). U.S. Privacy Law Update: Connecticut Enacts Comprehensive Privacy Law When the CTDPA goes into effect in 2023, the Connecticut Attorney General can issue a notice of the violation and allow 60 days to cure. You will receive a subsequent e-mail providing a case number for reference in any future communications regarding the breach, including if you need to update, amend, or supplement your submission. Who should I contact with questions or feedback about this form? Under the CTDPA, the Controller must provide a "clear and conspicuous" link on the Controller's website to a webpage that enables a Consumer to opt out of targeted advertising or the sale of personal data. Processing of data for children under 13 must be done in accordance with the Children's Online Privacy Protection Rule ("COPPA"). Twitter sued for mass layoffs - Bloomberg News, UBS launches digital bond that straddles blockchain and traditional exchanges, Biden appeals to young voters in U.S. West as midterms near, Washington state court temporarily blocks Albertsons' $4 bln dividend payout, Boies, Hausfeld among law firms reaping $667 mln windfall in Blue Cross antitrust case, Insights in Action: Differing perceptions of stand-out lawyers skill sets, Client Feedback: Trends in client feedback for 2022 and beyond, How employers can leverage signals of hope to retain LGBTQ+ professionals, See here for a complete list of exchanges and delays. In the case of processing personal data concerning a consumer subject to a guardianship, conservatorship, or other protective arrangement, the guardian or the conservator of the consumer may exercise such rights on the consumer's behalf (4-(b) of the CTDPA). In June and July 2021, Connecticut signed into law two bills that focus on privacy and cybersecurity. Yes if a Connecticut residents Social Security number is believed to have been compromised in the data breach, we require that they be offered 24 months of credit monitoring services. Connecticut Joins the Fray; Enacts Data Protection Law That Mirrors He advises clients on data privacy, cybersecurity and technology matters, including data licensing, cloud services and outsourcing issues. Notice to consumers must be made without unreasonable delay, and as of October 1, 2021, no later than, the Office of the Attorney General must be provided no later than when residents are notified. the categories of personal data processed by the controller; the purpose for processing personal data; how consumers may exercise their consumer rights, including how a consumer may appeal a controller's decision with regard to the consumer's request; the categories of personal data that the controller shares with third parties (if any); the categories of third parties, if any, with whom the controller shares personal data; and. Specifically, to be subject to the law, an entity must (1) conduct business in Connecticut or produce products or services targeted to Connecticut residents; and (2) annually process or control the personal data of either (a) at least 100,000 Connecticut residents; or (b) at least 25,000 Connecticut residents, but where the controller derives . opting the consumer out of the processing of such personal data for any purpose except for those exempted pursuant to the provisions of CTDPA. transmitted or maintained in any other form or medium. 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. Finding a credible expert with the appropriate background, expertise, and credentials can be difficult. Services ( 4(4)). 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. We use cookies to optimize our website and our service. 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. provide for the processor to allow, and cooperate with, reasonable assessments by the controller or the controller's designated assessor, or provide that the processor may arrange for a qualified and independent assessor to conduct an assessment of the processor's policies and technical and organisational measures in support of the obligations under the CTDPA, inclusive of using an appropriate and accepted control standard or framework and assessment procedure for such assessments. These measures must be appropriate for the volume and nature of the personal data the controller processes. ( 3(a)). This webinar explores what is new in the draft CPRA regulations and the ADPPA, as well as the key considerations for companies. This law gives Connecticut consumers the rights to access, delete, correct, and obtain a copy of their data as well as the right to opt out of certain data processing. 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. The CTDPA applies to the personal data of individuals, which is defined as any information that is linked or reasonably linkable to an identified individual or an identifiable individual and excludes de-identified data or publicly available. Pursuant toConnecticut General Statutes 36a-701b(g), failure to provide such notice shall constitute a violation of theConnecticut Unfair Trade Practices Act (CUTPA). The controller must also include instructions surrounding how to appeal the decision. Specifically, the CTDPA states 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 . ( 6(e)(1)(A)(i)). The Biggest InfoSec Stories of 2018. ( 1(8), (21). the size and complexity of the controller or processor; the nature and extent of the controller or processor's processing activities; the substantial likelihood of injury to the public; whether such alleged violation was likely caused by human or technical error. in your email. See here for a complete list of exchanges and delays. Connecticut Joins the Fray; Enacts Data Protection Law That Mirrors The categories of personal data processed; The purposes for which the personal data are processed; The categories of personal data the controller shares with third parties, if any; The categories of third parties, if any, which the controller shares personal data; An email address or other online mechanism that the consumer may use to contact the controller; and. 22-15 1(8).. 2 Id. information sharing among health care providers and social care providers and make recommendations to eliminate health disparities and inequities across sectors; algorithmic decision-making and make recommendations concerning the proper use of data to reduce bias in such decision-making; possible legislation that would require an operator, as defined in the. Connecticut Act 1. Connecticut Data Privacy Act: What Businesses Need to Know The CTDPA's definition of "sale of personal data" includes "the exchange of personal data for monetary or other valuable consideration" to a third party. Connecticuts law grants the attorney general exclusive enforcement authority. The CTDPA has many similarities to certain of the existing state privacy laws. There are also groups or organizations that are not covered by the CTDPA, including government bodies, nonprofit organizations and higher education institutions. Connecticut enacts comprehensive consumer data privacy law In contrast, most other privacy regulations offer far more subjective guidance as to what level of responsibility organizations have to secure consumer data. The Connecticut CTDPA provides certain rights to Connecticut residents, or "Consumers," which largely track those in the Virginia and Colorado laws with some notable differences. 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