The 3Cs: a New Era of Privacy Laws in California, Colorado, and Connecticut on July 1, 2023

In the ever-evolving landscape of privacy laws, on  July 1, 2023 three states stand ready to usher in a new era of data protection. The California Privacy Act (CPA), Colorado Privacy Act (ColoPA), and Connecticut Data Privacy Act (CTDPA) will take center stage, joining Virginia’s pioneering laws earlier this year. As we delve into the intricacies of these laws, a narrative emerges that underscoring the importance of compliance and the challenges businesses face in the short terms.

California: The Trailblazer

California, always a harbinger of change, set the wheels in motion with the CPRA, an amendment to the California Consumer Privacy Act (CCPA). The CPRA’s amendments, already in effect since January 1, 2023, will reach their full enforceability on July 1, 2023. But what makes the CPRA truly noteworthy is its call for businesses to reevaluate their privacy notices and practices.

California’s Data Privacy Laws (CCPA & CPRA) Explained

Enter Colorado: A Symphony of Compliance

While California captured the spotlight, Colorado quietly prepared to make its mark with the ColoPA. Enacted with finesse, the ColoPA’s rules, finalized on March 15, 2023, demand attention. Noncompliance could cost businesses up to $20,000 per violation, an undeniable incentive to embrace compliance. Key obligations, such as privacy notice content requirements and obtaining consent, beckon businesses to reevaluate their data practices.

Connecticut: Harmonizing the Symphony

Completing the trio, Connecticut adds its unique melody with the CTDPA. Recent amendments to the CTDPA create additional obligations concerning consumer health data and children’s personal data. Effective July 1, 2023, provisions surrounding consumer health data will take center stage, while others will follow suit in the months ahead. A finely choreographed process begins, giving companies notice of alleged violations and an opportunity to address them.

Diving Deeper: The Key Obligations

1. Consent: The Lifeblood of Privacy
   Consent, the heart and soul of these privacy laws, plays a pivotal role. Colorado’s ColoPA demands opt-in consent, covering sensitive data, personal data of children, and new data processing endeavors. Meanwhile, Connecticut expands the definition of sensitive data, encompassing consumer health data and data related to crime victims.
2. The Right to Opt Out: Empowering the Individual
   In a world where data flows ceaselessly, individuals must have a voice. Colorado echoes the CCPA, allowing consumers to opt out of personal data sales and targeted advertising. Connecticut joins the chorus, granting its residents the right to opt out of personal data sales, targeted advertising, and profiling. The stage is set for individuals to reclaim their privacy.
3. Data Protection Assessments: Navigating the Rapids
   In Colorado, the ColoPA introduces a new challenge – data protection assessments. A symphony of guidelines guides businesses through the intricacies of processing activities that pose a heightened risk to consumers. Meanwhile, Connecticut’s CTDPA compels companies to conduct these assessments with precision, ensuring a harmonious relationship between data processing and consumer welfare.

Conclusion: As the curtain rises on July 1, 2023, businesses find themselves at a crossroads. The interplay between California, Colorado, and Connecticut’s privacy laws will demand attention, and the need for adaptation looms large. Companies that heeded the initial calls for compliance with the CPRA and Virginia’s data protection efforts must once again revisit them.  The laws have evolved, and so must their approach.