EPA Provides Report to Congress on Its Capacity to Implement Certain SEC Adopts Amendments Requiring Electronic Filing of Forms 144. Controller A (EEA) Processor Z (EEA) Employee of Processor Z (Non-EEA) (on PTO Extends Deadline for Comments on Initiatives to Ensure Patent Robustness, With Election Day Around the Corner, Employers Need to Remember You May Have to Puerto Rico Publishes Model Protocol for Expanded Sexual Harassment Law. Kristin A. Linsley San Francisco (+1 415-393-8395, klinsley@gibsondunn.com) Controllers will be required to update their website and other Privacy notices to be transparent about the categories of data collected, the purpose of the collection, how consumers can exercise their rights under the law, including an active email address at which to contact the controller, what information is shared with third parties, and the categories of third parties with which the controller shares the information. certain entities, including state and local government entities, nonprofits, higher education institutions, financial institutions subject to the Gramm-Leach-Bliley Act, or qualifying covered entities and business associates subject to the Health Insurance Portability and Accountability Act (HIPAA); and. Starting on January 1, 2025, controllers must allow consumers the option to opt out of targeted advertising and the sale of personal data through an opt-out preference signal, sent with consumer consent via a platform, technology or mechanism. Overall, the CTDPA has more similarities to Colorados CPA than Virginias VCDPA, adopting the Colorado data portability requirement as well as a similar sunset provision and definition of sale of personal data. The CTDPA has comparatively less in common with the CCPA and the UCPA. It includes both protection of Social Security Numbers and a broad data protection requirement. Assemb., Reg. Violation of the CPDPA may land companies in an enforcement action by the Connecticut Attorney General (AG), who can levy fines and penalties under the Connecticut Unfair Trade Practices Act. collection of personal data to the minimum amount necessary for the purpose of the collection; use of the personal data to only the purpose of the collection or as the consumer has authorized; and, establish and implement data security practices to protect the data. Specifically, the CTDPA grants consumers the right to appeal denials of requests by controllers,22 along with the CPAs right to opt out of processing for either targeted advertising or sales of personal data.23. Notice 2022-41: IRS Expands Mid-Year Cafeteria Plan Change EEOC Replaces EEO is the Law Poster and OFCCP Supplement with Know Summary of NLRB Decisions for Week of October 17 -21, 2022, Energy & Sustainability Washington Update November 2022, The SEC's Tenuous, Tentative Case For Preemption. 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. Kai Gesing Munich (+49 89 189 33-180, kgesing@gibsondunn.com) MASSIVE TCPA WIN: Presidential Candidate Sued in TCPA Suit WINS Huge TSAs New Cyber Directive for Freight & Passenger Railroad Weekly IRS Roundup October 24 October 28, 2022, God Save the Queens Royal Warrant Holders, EPA Proposes SNUR for Four Multi-Walled Carbon Nanotubes. 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 . Gen. Stat. Connell ONeill Hong Kong (+852 2214 3812, coneill@gibsondunn.com) Some of the features on CT.gov will not function properly with out javascript enabled. It is only used to improve how a website works. 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. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. French Insider Episode 17: The Ins and Outs of International EPA Awards Nearly $750,000 to Fund PFAS Exposure Pathways Research, Chemical Hair Straightener Cancer Lawsuits, Why You Need to Focus on Building Your Personal Brand Today. Privacy, Cybersecurity and Data Innovation, 100,000 or more Connecticut residents, excluding residents whose personal data is controlled or processed solely for the purpose of completing a payment transaction; or. (Va. 2022). For the first 18 months of enforcement (until December 31, 2024), the Attorney General must provide notice of a violation at least 60 days before an enforcement action can be made. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. 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. Thus, more companies are likely to find themselves covered by the Connecticut law. The purpose for processing personal data. Editors Roundtable: A New Biden Doctrine? Potentially one of the most significant differences between the CTDPA and other states laws may be within the threshold requirements. Dark patterns are also explicitly prohibited under the CPA and theCalifornia Privacy Rights Act. The CTDPA draws heavily upon its predecessor statutes in Virginia and Colorado, with very few departures of significance. The 2022 legislative session adjourns today (May 4) and the Governor has 15 days to either sign the CDPA, allow it to become law at the end of the 15 day period without his signature, or veto. The CTDPA contains provisions granting similar rights to consumers, placing obligations on data controllers and processors, and providing exemptions to those obligations as the consumer privacy laws of California, Colorado, Virginia and Utah. A covered entity is a health plan, a health care clearinghouse or a health care provider (like a hospital, nursing home or outpatient clinic) that engages in standard HIPAA transactions, like electronic billing. 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 Businesses already complying with these state privacy laws such as California's CCPA and CPRA, Virginia's CDPA, Colorado's CPA, etc. It also requires data controllers to practice data minimization and purpose limitation, implement technical safeguards, and conduct data protection assessments. Thus, unlike the CCPA (as amended by the California Privacy Rights Act (CPRA)) or UCPA, an entity will not become subject to the law due to its annual revenues or by exceeding a certain revenue requirement.4 However, the CTDPAs 25 percent gross revenue obtained from data sales threshold is a substantial difference from the 50 percent gross revenue limit found in the VCDPA and UCPA. Requirements for Processors. The ASA Effective Date is Fast Approaching: Employers Should Get Commonwealth Court Restricts the Pending Ordinance Doctrine. 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 . On April 28, 2022, the Connecticut House of Representatives voted 144-5 in support of Senate Bill 6, the Connecticut Data Privacy Act ("CDPA" or "Act"), which . 6, 2022 Gen. Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney Generals Office for the State of Rhode Island. The Connecticut law follows a similar approach to the other four states' privacy laws regarding limiting coverage to larger organizations that operate or collect data of residents in that state. Connecticut is inching closer to becoming the fifth state to enact a comprehensive privacy law. [1] Indeed, while the specific combination of features in the CTDPA may be unique, the combination is largely made of elements seen in at least one of its preceding laws. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. The CTDPA includes many of the same provisions as the California, Colorado, Utah, and Virginia privacy laws. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. 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 in a portable and readily usable format; (3)to correct inaccuracies therein; and (4) to delete personal data provided by, or obtained about, them. Robert K. Hur Washington, D.C. (+1 202-887-3674, rhur@gibsondunn.com) Debra Wong Yang Los Angeles (+1 213-229-7472, dwongyang@gibsondunn.com) SECTION 4. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The controller must honor the opt-out preference signal, but may inform the consumer if such conflicts with the consumers existing controller-specific privacy setting or with the terms of the consumers participation in the controllers program (e.g., loyalty or rewards program) or service. Controlled or processed the personal data of at least 100,000 consumers, excluding personal data controlled or processed solely for the purpose of completing payment transactions; OR. obtain consent before processing sensitive data, including data of any individual under the age of 13, and follow the provisions of the Childrens Online Privacy Protection Act. AN ACT to amend the general business law, in relation to enacting the New York child data privacy and protection act The People of the State of New York, represented in Senate and Assem-bly, do enact as follows: 1 Section 1. Assemb., Reg. There is no private right of action under SB 6. David helps clients understand and comply with the complex maze of existing and emerging state, federal, and international privacy and information security laws. Burn After Reading Data Retention Compliance. The CTDPA will become effective by its terms in a little over a year, on July1, 2023[2] six months after the California Privacy Rights Act (CPRA) and Virginia Consumer Data Protection Act (VCDPA), simultaneously with the Colorado Privacy Act (CPA), and six months before the Utah Consumer Privacy Act (UCPA). Bernard Grinspan Paris (+33 (0) 1 56 43 13 00, bgrinspan@gibsondunn.com) Code 1798.140(d). Heads Up: Defendants Deserve Fair Notice of Preliminary Injunctions, New Law Changes Non-Compete Landscape for D.C. The law excludes 16 different categories of data from its purview, including protected health information under HIPAA, information subject to the Fair Credit Reporting Act, employee and job applicant data, and information protected by the Family Educational Rights and Privacy Act. deems violations to be Connecticut Unfair Trade Practices Act violations. DOJ Prosecutes Attempted Collusion among Business Competitors for NFT Insider Trading Charge Doesnt Require the NFT To Be a Security, The Role of Economic Analysis in UK Shareholder Actions, CFTC Whistleblower Programs Annual Report Details Record Year. 42-110b (2016). The CCPA applies to businesses that conduct business in California and satisfy one or more of the following thresholds: (1) annual gross revenue in excess of $25,000,000 in the preceding year; (2) annually buys, sells or shares personal information of 100,000 or more consumers or households or (3) derives 50 percent or more of its annual revenue from selling or sharing consumers personal information; S.B. 29C.R.S. 49Id. Code 1798.120(c). 6(a)(7); Cal. The CTDPA contains requirements for both controllers and processors, similar to those found in the other state privacy laws. 5HIPAA refers to the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 and their implementing regulations (codified at 45 C.F.R. The CTDPA is still much stricter than the UCPA, which was notably more business friendly than other state consumer privacy laws. New York City Joins Growing Number of Jurisdictions Requiring Pay RIAs Beware: The Pitfalls When Going Straight To The (Out)Source. How consumers may exercise their rights and appeal. Treasury Issues Final Rule on Beneficial Ownership Reporting FDA Proposes Color Certification Fee Increase. Many other states are considering data privacy legislation, and two states Oklahoma35 and Washington36--have had consumer data privacy bills pass in one branch of the state legislature. Opinions expressed in Expert Commentary articles are those of the author and are not necessarily held by the author's employer or IRMI. Companies should account for these changes as they develop and refine their privacy compliance programs. Robinson+Cole is a law firm serving regional, national and global clients from nine offices throughout the Northeast. The law shares and expands upon provisions of privacy laws recently enacted by Virginia, Utah, Colorado, and California. 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