| Notice Filed with SOS |
09/29/2022 |
| Rule |
ProposedRuleAttach2022-00603.pdf |
| Additional Information |
AddInfoAttach2022-00603.pdf |
| Statutory Authority |
The general statutory authority for promulgating the Colorado Privacy Act Rules is C.R.S. § 6-1-108(1) and C.R.S. § 6-1-1313.
The Colorado Privacy Act Rules apply to and interpret C.R.S. §§ 6-1-1301, et seq. The specific statutory provisions that each rule interprets is included in the “Authority and Purpose” section of each Part of the Colorado Privacy Act Rules. |
| Description of Subjects/Issues |
The Colorado Department of Law (the “Department”) is considering rules governing the implementation of the CPA. The specific purpose of this rulemaking is to create rules governing the ways in which the CPA shall be carried out, including the clarification of Consumer Data Rights, Controller Obligations, and technical specifications for one or more Universal Opt-Out Mechanisms. |
| Purpose/Objective of Rule |
The rules in this Part 904-3 are developed pursuant to C.R.S. § 6-1-108(1), which grants the Attorney General the authority to promulgate such rules as may be necessary to administer the provisions of the Colorado Consumer Protection Act, and to C.R.S. § 6-1-1313, which gives the Attorney General authority to promulgate rules for the purpose of carrying out the Colorado Privacy Act and requires the Attorney General to adopt rules that detail the technical specifications for one or more Universal Opt-Out Mechanisms that clearly communicate a Consumer’s affirmative, freely given, and unambiguous choice to opt out of the Processing of Personal Data for purposes of Targeted Advertising or the Sale of Personal Data pursuant to C.R.S. §§ 6-1-1306(1)(a)(I)(A) or (1)(a)(I)(B).
These rules are promulgated to establish implementation and operational guidelines for the Colorado Privacy Act, and to help ensure that the Colorado Privacy Act is carried out in a way that is consistent with the intent of the General Assembly, as reflected in the legislative declaration at C.R.S. § 6-1-1302.
See attached Statement Basis and Purpose for additional information on the basis and purpose of the Colorado Privacy Act Rules. |
| Basis And Purpose |
BasisAndPurposeAttachment2022-00603.pdf
|
| Regulatory analysis |
RegulatoryAnalysisAttachment2022-00603.pdf
|
| Comments |
The proposed rulemaking hearing was held on February 1, 2023, at 10:00 AM. The hearing was conducted both in person and by video conference. For more information on the Colorado Privacy Act, the Colorado Privacy Act Rules, and the rulemaking process, visit coag.gov/cpa. |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
Yes
|
| Recent legislation bill number |
SB 21-190
|
| Hearing Date |
02/01/2023 |
| Hearing Time |
10:00 AM |
| Hearing Location |
Office of The Attorney General, Colorado Department of Law, Ralph L. Carr Judicial Building, 1300 Broadway, Room 1D Denver, CO 80203, and via Zoom |
| Contact Name |
Mellisa Lambeth |
| Contact Title |
Paralegal |
| Contact Telephone |
720-508-6103 |
| Contact email |
Mellisa.Lambeth@coag.gov |