Colorado Politics

Colorado legislators look to strengthen data privacy protections

As advancements in artificial intelligence and technology reshape the digital landscape, Colorado lawmakers are considering a slew of bills they say would protect Coloradans from the potential misuse of their personal information.

According to a survey by Pew Research Center, 78% of Democrats and 68% of Republicans believe there should be more government regulation on how companies handle such customer information.

Here is a brief run-down of four bills aimed at increasing data privacy protections. 

Please note: committee dates are subject to change.

The Bill: House Bill 1058: Protect Privacy of Biological Data

What it Does:  It would expand the definition of “sensitive data” under the Colorado Privacy Act to include all biological data, including neural data. During the House Judiciary Committee meeting on the bill, several medical experts testified that if enacted, the legislation would be the first of its kind in the country and could protect consumers from having private information, including their thoughts, collected by future technologies. 

Sponsors: Rep. Cathy Kipp, D- Fort Collins, Rep. Matt Soper, R- Delta, Sen. Mark Baisley, R- Sedalia, and Sen. Kevin Priola, D- Aurora

Status: Passed through the House, assigned to the Senate Committee on Business, Labor, & Technology. 

The Bill: House Bill 1130: Privacy of Biometric Identifiers and Data

What it Does: Similar to HB 1058, this bill proposes amendments to the Colorado Privacy Act. In this case, protections would be added for the collection of biometric data, such as fingerprints, facial recognition, and retina scans. The bill requires entities who handle this data, referred to in the bill as “controllers,” establish written policies that include a retention schedule, security breach response protocols, and guidelines for the permanent destruction of biological identifiers. The bill also requires controllers to establish certain disclosure and consent requirements before it is allowed to collect biometric identifiers. 

Sponsors: Rep. Lindsey Daugherty, D- Arvada, Rep. Mike Lynch, R- Wellington, Sen. Paul Lundeen, R- Colorado Springs, Sen. Chris Hansen, D- Denver.

Status: Slated to be heard by the House Judiciary Committee on Feb. 14 

The Bill: Senate Bill 041: Privacy Protections for Children’s Online Data 

What it Does: This bill introduces an amendment to the Colorado Privacy Act to add enhanced protections when minors’ data is processed and there is “heightened risk of harm.” Entities providing products, services, or features to minors are required to exercise “reasonable care” to mitigate heightened risk to children and must conduct data protection assessments for their product, service, or feature. Furthermore, unless a minor over 13, or the parent or guardian of a minor consents, entities would be prohibited from processing minors’ data for targeted advertising, making it available for sale, or profiling purposes. The bill also prohibits using the data for purposes beyond what was disclosed to the user or processing the data for an extended period.   

Sponsors: Sen. Robert Rodriguez, D- Denver, Sen. Paul Lundeen, R- Colorado Springs

Status: Assigned to Senate Business, Labor, & Technology Committee; no meeting date set 

The Bill: Senate Bill 129: Nonprofit Member Data Privacy & Public Agencies 

What it Does: This bill restricts public agencies from from disclosing information that may identify a member of a nonprofit entity or compelling an individual to disclose such details. It also prohibits agencies from requesting or requiring current or potential contractors or grantees to provide them a list of nonprofit entities they have supported financially. If a nonprofit organization feels these rules have been violated, the bill also allows them to initiate civil action against the public agency in district court. 

Sponsors: Sen. Byron Pelton, R- Sterling, Sen. Chris Kolker, D- Centennial, Rep. Chris deGruy Kennedy, D- Lakewood, Rep. Lisa Frizell, R- Castle Rock 

Status: Scheduled to be heard by the Senate Business, Labor, & Technology Committee on Feb. 27

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