The Colorado State Senate has unanimously passed the Colorado Privacy Act which will now move to the State Assembly for voting. The current session continues until June 12, 2021, giving time for reconciliation between the Colorado Senate and House. 

Truyo’s president Dan Clarke says, “I think there is a good chance that is sufficient time to reconcile, especially given the relative attention on this issue and that it passed unanimously.” The addition of two House sponsors, Republican Terri Carver and Democrat majority co-whip Monica Dunn also give the bill much-needed support to garner approval from the Colorado State Senate. 

Amendments to the Colorado Privacy Act

Past revisions to the bill are said to have moved the needle from a largely pro-consumer angle to pro-business, according to Husch Blackwell. The current bill passed by the Colorado State Senate reversed those elements in favor of consumers.

Revisions include changes to contractual requirements between controllers and processors similar to the California Privacy Rights Act and Virginia Consumer Data Protection Act, as well as modifications made to the definition of “sale” and consumer right to deletion. Also, an enforcement component that requires the Attorney General and district attorneys to provide a business notice of a violation and 60 days to cure has a sunset date of January 1, 2025.

With these revisions we expect a high likelihood of passage for the Colorado Privacy Act. Truyo will continue to monitor this bill as we approach the June 12th deadline.