Many people have broken their phone screen or had a tablet with an old battery that can’t hold a charge. Often, it can be time-consuming and inconvenient to get your device fixed. Across the country, lawmakers are trying to solve that problem for consumers by considering so-called “right-to-repair” legislation, which is billed as a proposal to make it easier for Americans to fix their devices. However, there is much more to this debate than meets the eye.

Right now, our own elected officials are considering legislation that claims to give Coloradans the right to repair their electronic devices. The bill would require device manufacturers to provide consumers and independent repair shops with access to relevant repair information and parts. On the surface, the legislation sounds like common sense – everyone wants it to be easier to get their devices repaired. However, the bill being debated in the Colorado General Assembly comes with a catch that would put consumers at risk.

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States that have already passed their own right-to-repair legislation, like New York and California, made sure to include provisions requiring third-party repair stores stick to the cybersecurity and privacy standards device manufacturers and authorized repair shops already follow. Unfortunately, the right-to-repair bill up for consideration in Denver fails to account for these serious privacy and cybersecurity concerns.

Today, consumers rely on phones, tablets and other devices to keep track of all kinds of different private and sensitive data. Making sure these devices function and are repaired at the highest standard is essential. In an effort to cut corners, third-party repair shops prefer using lower-quality aftermarket components rather than genuine parts specifically designed to fix your device. In addition to the fact they can leave consumers liable for dangerous repair work, these parts put consumers’ sensitive information at risk. Research shows these parts can be used to log keyboard inputs and patterns or install malicious software on a user’s phone, putting sensitive data like credit card details or Social Security numbers in the hands of bad actors. Though these concerns are alarming enough in their own right, right-to-repair legislation without cybersecurity protections also risks encouraging an underground market to traffic stolen parts.

Similarly, third-party repair shops pose a serious threat to consumers’ privacy. In fact, one study found nearly half of unauthorized repair shops inappropriately access consumers’ sensitive information when they bring their devices in to be fixed. Sadly, vulnerable groups are disproportionately affected by data breaches.

Research shows women are at much higher risk of these data compromises. Disturbingly, women affected by these data breaches often report third-party repair stores use their passwords to access photos or sensitive conversations during routine maintenance. For the LGBTQ+ community, whose devices contain sensitive information that could reveal their sexual orientation and gender identity, privacy is especially important. Attacks on the LGBTQ+ community are on the rise across the country, and some forms of discrimination on the basis of gender identity and sexual orientation are still legal in Colorado. Lawmakers should ensure laws reflect the need vulnerable groups have for strong privacy standards.

Though these safety, privacy and cybersecurity concerns should be a top priority as our elected officials consider right-to-repair legislation, there are solutions to these issues. The right-to-repair measures passed by New York and California should serve as models for our own state legislators. These bills, which hold third-party repair shops to the same standard as authorized repair stores and device manufacturers, guarantee the right-to-repair while protecting consumers’ privacy and security.

The fact is our elected leaders can and should make sure consumers have options when it comes to getting their phone or tablet fixed, and right-to-repair legislation can give Coloradans more choices. However, our lawmakers must make sure the right-to-repair doesn’t come at the cost of our privacy and security. 

Maggie O’Brien is a former Summit County Democratic Party co-chair.