The office of the Colorado Attorney General (AG) heard informal input from members of the public on June 22 and 28, 2022, with regard to an upcoming rulemaking from the AG’s office that will supplement the Colorado Privacy Act (CPA). The CPA was passed into law as Senate Bill 21-190 on July 7, 2021, and goes into effect on July 1, 2023, together with the forthcoming regulations. The rulemaking session highlighted the expressed interest of both the public and the Colorado AG to develop regulations that help businesses comply with the law by making processes simple and straightforward.
Prior to the hearings, the AG released Pre-Rulemaking Considerations for the Colorado Privacy Act to preview the AG’s priorities and solicit public input on specific topics including universal opt-outs, consent, dark patterns, data protection assessments, profiling, the value of opinion letters and offline data collection.
As addressed at the public sessions and in the AG’s prior comments, the AG intends to use the rulemaking process to clarify ambiguities in the statute and resolve areas of potential dispute. In particular, the following commentary was offered at the hearings by the public and the AG.
The Colorado AG is also soliciting informal comments through a website form for those interested in making a submission.
Draft regulations are set to be released this fall for notice and comment, with final regulations promulgated in early 2023. This will leave businesses with a few months to gear up for compliance before enforcement begins on July 1, 2023.
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