This week, on Tuesday May 10, 2022, Connecticut Gov. The CTDPA applies to any person or company conducting business in Connecticut or producing products or services targeted to residents of Connecticut, provided, in the previous year the entity either: (i) controlled or processed the personal data of at least 100,000 consumers (excluding data used solely for the purpose of a payment transaction . It includes both protection of Social Security Numbers and a broad data protection requirement. For example, under SB 6, the terms controller, processor, and personal data have similar definitions as under the CPA, CDPA, and UCPA. [15] Unlike Californias and Colorados laws, the VCDPA does not include rulemaking authority. These cookies do not store any personal information. Finally, the CTDPA, similar to Virginia, requires the joint standing committee of the General Assembly convene a task force to study various topics concerning data privacy. Download PDF The Connecticut Data Privacy Act ( CTDPA ), which will go into effect July 1, 2023, is now the fifth and latest comprehensive state consumer privacy law, giving companies doing business in the state less than two years to comply. The Connecticut Attorney General is tasked with investigating and identifying instances of noncompliance. Ryan T. Bergsieker Denver (+1 303-298-5774, rbergsieker@gibsondunn.com) Controller A (EEA) Processor Z (EEA) Employee of Processor Z (Non-EEA) (on PTO Extends Deadline for Comments on Initiatives to Ensure Patent Robustness, With Election Day Around the Corner, Employers Need to Remember You May Have to Puerto Rico Publishes Model Protocol for Expanded Sexual Harassment Law. The Connecticut law goes into effect on July 1, 2023, giving companies just over a year to determine whether it applies, and if so to take steps to comply. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. A consumer may exercise their rights under the bill directly or through another person designated to serve as the consumers authorized agent. Do Smartwatches, GPS Devices, and Other Employee Tracking Revised NLRB Election Standards Should Lead to More In-Person Union Sackett II Me: Breaking Down the Arguments in Sackett v. EPA [PODCAST], NLRB General Counsel Memo on Electronic Monitoring of Employees. The application of the law is not tied to an actual gross revenue figure like the CCPA is ($25 million), which is an important distinction that may narrow its applicability to organizations. 227 13-61-102(1)(b); Connecticut's statute applies to businesses that (a) process the personal data of 100,000 individuals (excluding data from financial transactions) or (b) process/control the data of 25,000 individuals and derive 25% or more of their revenue from the sale of personal data. Sess. 29C.R.S. Ordinary Observer Conducts Product-by-Product Analysis in View of Prior Art. Consumer Data Protection Act, extending to both data the individual has provided to the business, and to data obtained from other sources. [13] H 381, 2022 Gen. Starting on January 1, 2025, controllers must allow consumers the option to opt out of targeted advertising and the sale of personal data through an opt-out preference signal, sent with consumer consent via a platform, technology or mechanism. Key Provisions Connecticut's " An Act Concerning Personal Data Privacy And Online Monito ring " will go into effect on July 1, 2023. The data privacy bills in New York and Florida have received wide public support, including How consumers may exercise their rights and appeal. He has experience driving privacy and compliance priorities within organizations and providing strategic counsel regarding privacy, compliance and risk to support the growth and success of the business. If you have any questions concerning this alert, please contact: 4Cal. Similar to other comprehensive privacy laws, the CTDPA grants consumers the following rights: As with the CCPA and CPA, the CTDPA also grants consumers the ability to designate another person as an authorized agent to exercise the right to opt out on their behalf.26, Similar to the other comprehensive state privacy laws, the CTDPA grants controllers 45 days to respond to consumer requests, extendable once by an additional 45 days as reasonably necessary, considering the complexity and number of the consumers requests.27, The CTDPA defines sale of personal data as the exchange of personal data for monetary or other valuable consideration by the controller to a third party.28 Notably, this is similar to the CCPA and CPA, which also include that a sale will occur in exchange for other valuable consideration.29, Activities that do not constitute a sale under the CTDPA include (1) the disclosure of personal data to a processor that processes the personal data on behalf of the controller, (2) the disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer, (3) the disclosure or transfer of personal data to an affiliate of the controller, (4) the disclosure of personal data where the consumer directs the controller to disclose the personal data or intentionally uses the controller to interact with a third party, (5) the disclosure of personal data that the consumer intentionally made available to the general public via a channel of mass media, and did not restrict to a specific audience or (6) the disclosure or transfer of personal data to as an asset that is part of a merger, acquisition, bankruptcy or other transaction, or a proposed merger, acquisition, bankruptcy or other transaction, in which the third party assumes control of all or part of the controllers assets.30. Id. Robinson+Cole is a law firm serving regional, national and global clients from nine offices throughout the Northeast. Civ. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. By Linn Foster Freedman on May 12, 2022 Posted in Data Privacy Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation. Patrick Doris London (+44 (0) 20 7071 4276, pdoris@gibsondunn.com) 08-167 titled An Act Concerning the Confidentiality of Social Security Numbers, became effective on October 1, 2008. The new law requires people and businesses to protect personal data and imposes both requirements and restrictions with respect to the handling of Social Security numbers. deems violations to be Connecticut Unfair Trade Practices Act violations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. (NEW) (Effective July 1, 2023) As used in this section and sections 2 to 11, inclusive, of this act, unless the context otherwise requires: (1) "Affiliate" means a legal entity that . certain information, such as protected health information under HIPAA, information regulated by the Fair Credit Reporting Act, or personal data regulated by the Family Educational Rights and Privacy Act. Michael Walther Munich (+49 89 189 33-180, mwalther@gibsondunn.com) Sess. On April 28, 2022, the Connecticut General Assembly passed SB 6, " An Act Concerning . Connecticut Privacy Law In May 2022, the Connecticut House of Representatives and Senate approved an Act Concerning Personal Data Privacy and Online Monitoring. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. It is only used to improve how a website works. 20Id. Application and Definitions. [8], Like Virginia, Colorado, and Utah, and unlike California, Connecticut does not include a private right of action in its law the CTDPA limits enforcement to the states attorney general. All rights reserved. Penny Madden London (+44 (0) 20 7071 4226, pmadden@gibsondunn.com) Conduct business in Connecticut or produce products or services targeted to Connecticut residents and that during the preceding calendar year, either: a. Starting at $99 a month, use CaseGuard Studio to redact UNLIMITED number of video, audio, PDF, and image files all in one place and one redaction software.. On-Demand Redaction Services. Debra Wong Yang Los Angeles (+1 213-229-7472, dwongyang@gibsondunn.com) Controller A (EEA) Processor Z (EEA) Employee of Processor Z (Non PTO Extends Deadline for Comments on Initiatives to Ensure Patent With Election Day Around the Corner, Employers Need to Remember You Puerto Rico Publishes Model Protocol for Expanded Sexual Harassment Podcast: Post-Dobbs Navigating the Fast-Changing and Uncertain Health Care and Life Sciences Practice Group. The National Law Review is a free to use, no-log in database of legal and business articles. Last Updated: September 2022 Click To View (PDF) The IAPP created a timeline of key dates from the comprehensive data privacy laws in California, Colorado, Connecticut, Utah and Virginia. In Connecticut, once a bill reaches concurrence (i.e.,passes in both chambers of the Connecticut General Assembly), as it did here, the bill is sent to the governor for signature. Meanwhile, the text of Virginias privacy law was amended and finalized, and the California Privacy Protection Agency (CPPA) held pre-rulemaking stakeholder sessions about topics related to automated decision-making, consumers rights, business concerns, and cybersecurity, among others. These requirements, along with those of the other state laws that go into effect in 2023, warrant another look at companies websites to see if they need to be updated. The CPPA accepted written comments in Fall 2021, provided informational sessions in March 2022, and, recently, held stakeholder sessions on May4, 5, and 6, 2022, to provide an opportunity for stakeholders to speak on topics relevant to the upcoming rulemaking. The SEC's Immensely Impracticable Impracticability Exception. 45 C.F.R. The Evolving New York City Workplace: Two Important Updates Effective 5 Questions with Mike DeCesaris: AI/ML Efficiency Driven by GPUs. On April 28, 2022, the Connecticut General Assembly passed SB 6, An Act Concerning Personal Data Privacy and Online Monitoring, which is currently with the governor awaiting signature. 24Like in Coloradoand unlike in VirginiaCTDPA data portability rights apply to all consumer personal data, not just such data that was originally provided by the consumer. Fifth Circuit Widens Availability of Federal Jurisdiction in Property Goldman Sachs Successful in Getting 401(k) Fee Class Action Dismissed. Controllers are responsible for: (1) limiting the collection of data to what is adequate, relevant and reasonably necessary in relation to the purpose for which data is processed (as disclosed to customers), (2) establishing, implementing, and maintaining data security practices, among other requirements, and (3) must offer an effective . She is admitted to practice law in Massachusetts and Rhode Island. Cassandra L. Gaedt-Sheckter Palo Alto (+1 650-849-5203, cgaedt-sheckter@gibsondunn.com) EPA Announces 2022 Safer Choice Partner of the Year Award Winners. While this list is not all-inclusive, these files provide several helpful starting points: regular SECTION 3. The first amendment concerns consumers right to delete their personal information. CONNECTICUT DATA PRIVACY ACT (CTDPA) ADVISORY I MAY 17, 2022 This publication is a summary of legal principles. Ordinary Observer Conducts Product-by-Product Analysis in View of Alaska Businesswoman Indicted on Tax Evasion and Filing False Tax United States Department of Justice (DOJ), Know Your Rights: EEOC Releases Updated Worksite Poster. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law. H. Mark Lyon Palo Alto (+1 650-849-5307, mlyon@gibsondunn.com) Buy CaseGuard Redaction Software. HAPPY OTSA DAY! It also requires data controllers to practice data minimization and purpose limitation, implement technical safeguards, and conduct data protection assessments. Requirements for Controllers. Michael Li-Ming Wong San Francisco/Palo Alto (+1 415-393-8333/+1 650-849-5393, mwong@gibsondunn.com), Europe DOJ Prosecutes Attempted Collusion among Business Competitors for NFT Insider Trading Charge Doesnt Require the NFT To Be a Security, The Role of Economic Analysis in UK Shareholder Actions, CFTC Whistleblower Programs Annual Report Details Record Year. Like existing state data privacy laws, the CTDPA grants consumersdefined as Connecticut residents who are not acting in a commercial or employment contextvarious rights, including: (1)to confirm whether an entity acting as a data controller is processing their personal data, and to access such data; (2)to obtain a copy of their personal data in a portable and readily usable format; (3)to correct inaccuracies therein; and (4) to delete personal data provided by, or obtained about, them. The law is quite comprehensive with strict provisions on a data subject's rights to request data deletion data and withdraw their consent. Bernard Grinspan Paris (+33 (0) 1 56 43 13 00, bgrinspan@gibsondunn.com) The bill provides for an enforcement grace period through December 31, 2024, meaning that between July 1, 2023, and December 31, 2024, the AG must provide entities with notice of alleged violations and an opportunity to cure any such violations within the 60-day period following delivery of such notice. . 2016 CT.gov | Connecticut's Official State Website. 10(e); C.T. Civ. Thus, more companies are likely to find themselves covered by the Connecticut law. Starting at 1 a page, $5 a minute, our team will do all the redaction work for you. Dark patterns are also explicitly prohibited under the CPA and theCalifornia Privacy Rights Act. CMA BLOCKS META/GIPHY IT MIGHT BE THE META UNIVERSE BUT WE'RE Five Data Quality Nightmares That Haunt Marketers and How Avoid Them. Definition of Terms. 5HIPAA refers to the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 and their implementing regulations (codified at 45 C.F.R. The New York City Pay Transparency Law Takes Effect [PODCAST]. Vera Lukic Paris (+33 (0) 1 56 43 13 00, vlukic@gibsondunn.com) The 2022 legislative session adjourns today (May 4) and the Governor has 15 days to either sign the CDPA, allow it to become law at the end of the 15 day period without his signature, or veto. The Governor signed HB 5658 into law on June 10, 2008, and it became Public Act No. Prior to joining the firm, Alan was a partner at a US law firm, where he led the US Consumer Privacy practice (in which he counseled clients on compliance with the California Consumer Privacy Act (CCPA) and other data privacy regimes), and the retail, restaurant and e-commerce industry Kyle Fath is counsel in the Data Privacy & Cybersecurity Practice. CPOMA applies to persons that conduct business in Connecticut or produce products or services targeted to Connecticut residents ("consumers") and that during the preceding calendar year: 1) controlled or processed the personal data of not less than 100,000 consumers, excluding personal data controlled or processed solely for the purpose of . Short Title. Gibson Dunn lawyers are available to assist in addressing any questions you may have about these developments. Heads Up: Defendants Deserve Fair Notice of Preliminary Injunctions, New Law Changes Non-Compete Landscape for D.C. Of the state laws that have passed, SB 6 is most similar to theColorado Privacy Act (CPA),Virginia Consumer Data Protection Act (CDPA), andUtah Consumer Privacy Act (UCPA). Foreclosure Warning: Property Possessed but Not Owned by a Debtor May Disclosure: Green Hushing Climate Targets. Therefore, businesses subject to the VCDPA can develop their compliance programs ahead of January 1, 2023 without concern of significant changes resulting from the adoption of regulations. Processors are required to adhere to controller instructions and assist the controller with its obligations under the CTDPA by (1) [t]aking into account the nature of processing and the information available to the processor, by appropriate technical and organizational measures, insofar as is reasonably practicable, to fulfill the controllers obligation to respond to consumer rights requests; (2) taking into account the nature of processing and the information available to the processor, by assisting the controller in meeting the controllers obligations in relation to the security of processing the personal data and in relation to the notification of a breach of security, as defined in section 36a-701b of the general statutes, of the system of the processor, in order to meet the controllers obligations; and (3) providing necessary information to enable the controller to conduct and document data protection assessments.31, Additionally, as with the other state privacy laws and the GDPR, the relationship between a controller and processor must be governed by a contract that sets forth the controllers instructions for processing data, the nature and purpose of the processing, the duration of the processing, and the rights and obligations of both parties. Serv. The contract must also require that the processor (1) ensure each person processing the data is subject to a duty of confidentiality with respect to the data, (2) delete or return the personal data at the controllers discretion unless retention is required by law, (3) make available any information necessary for compliance to the controller, (4) after providing the controller with an opportunity to object, engage any subcontractor with a written contract that requires adherence to the processors obligations, and (5) allow and cooperate with reasonable assessments by the controller or the controllers designated assessor.32. NLRB General Counsel Abruzzo Issues Memo on Employer Surveillance in 2022 Labor and Employment Tri-State Legislative Update: CT, MA, and RI. Copyright 2022 Squire Patton Boggs (US) LLP, National Law Review, Volume XII, Number 122, Public Services, Infrastructure, Transportation. We recommend that companies assess whether they are covered by the CTDPA and develop a plan for compliance before the law goes into effect on July 1, 2023. 49Id. 227 13-61-102(1). 25,000 or more Connecticut residents, where the business derives more than 25% of its gross revenue from the sale of personal data. Episode 5: Whats New In Law Firm Thought Leadership? By continuing to use our website without electing an option below, you are agreeing to our use of cookies. Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. Nothing in this article constitutes legal advice, which can only be obtained as a result of a personal consultation with an attorney. In The Zone? 462, SB. 46Id. A Question OpenSky Should ATA Calls for Stakeholder Letter on Telemedicine Controlled Equitable Mootness No Bar to Slicing & Dicing Exculpation EPA Region 1 Expands NPDES Stormwater Permitting Requirement to Sites Unpacking Averages: Finding Medical Device Predicates Without Using 2023 Employee Benefit Plan Limits Announced by IRS. [4] The CTDPA adopts language similar to that of Virginias recent amendment, described more fully below, relating to compliance with a consumers request to delete by opting the consumer out of the processing of such personal data, where such information was obtained from a source other than the consumer. font size, Federal Trade Commission websiteon business privacy policies, Better Business Bureau Guide: Security and Privacy Made Simpler, National Federation of Independent Business. Business associate is defined to include a person (other than a member of a covered entitys workforce) or entity that performs certain functions or activities on behalf of, or provides certain services to, a covered entity that involve the use or disclosure of PHI. Civ. Ch. Companies under the CTDPA will have to honor browser privacy signals, such as the Global Privacy Control, and provide a clear and conspicuous opt out link for consumers on their websites. (Conn. 2022). Dark pattern is defined by this law as (A) a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making or choice, and (B) includes, but is not limited to, any practice the Federal Trade Commission refers to as a dark pattern.. collection of personal data to the minimum amount necessary for the purpose of the collection; use of the personal data to only the purpose of the collection or as the consumer has authorized; and, establish and implement data security practices to protect the data. Connecticut consumers will have the right to opt out of the processing of their personal data for targeted advertising, the sale of their data, or profiling for automated decisions that produce legal or significant effects on the consumer. Like other consumer privacy laws, the CTDPA contains both entity-level and data-based exemptions, including a number of exemptions concerning health and life sciences data. A consumer is defined as a Connecticut resident, and excludes individuals acting in a commercial or employment context, also known as a business-to-business exception, which is consistent with other state privacy laws. Separately, there has been no further movement on the proposals floated by the California legislature to extend the business-to-business and employment-related exemptions in the CCPA, leaving businesses to continue to consider how to comply with the CPRA with respect to those individuals information. Senate Bill 6, the Connecticut Data. She earned her J.D. Controlled or processed the personal data of at least 100,000 consumers, excluding personal data controlled or processed solely for the purpose of completing payment transactions; OR. Numerous other states also are actively considering such laws, with drafting and negotiations at various phases. Overall, the CTDPA has more similarities to Colorados CPA than Virginias VCDPA, adopting the Colorado data portability requirement as well as a similar sunset provision and definition of sale of personal data. The CTDPA has comparatively less in common with the CCPA and the UCPA. The Connecticut Data Privacy Act (CTDPA) was signed into law May 10, 2022, making it the fifth comprehensive state data privacy law in the US. Allow consumers to exercise their rights under the Bill directly or through person. Availability of Federal Jurisdiction in Property Goldman Sachs Successful in Getting 401 ( k ) Class. Disorder patient records ( as regulated under Part 2 42 C.F.R this delay gives businesses time determine. 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