As of July 1st, both Colorado’s and Connecticut’s privacy laws are effective.
The Colorado Privacy Act gives consumers new rights and requires businesses and other organizations that operate in Colorado or target Colorado citizens and either collect more than 100,000 individuals’ data on an annual basis or derive revenue or otherwise benefit from the sale of personal data and process the personal data of more than 25,000 individuals to adhere to new responsibilities when it comes to the collection and use of personal data.
The law requires a consumer’s consent before asking for sensitive personal data, including that which reveals highly personal information such as race or ethnicity, religious beliefs, health condition or diagnosis, sexual orientation, and citizenship status.
Under the law, Colorado consumers have the following rights:
- The right to opt-out from the sale of their personal data, or use of personal data for targeted advertising and certain types of profiling.
- The right to know whether certain personal data is being collected.
- The right to access certain personal data collected about them.
- The right to correct personal data.
- The right to delete personal data.
- The right to download and remove personal data from a platform in a format that allows the transfer to another platform.
Click here for more information. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://coag.gov/app/uploads/2022/01/SB-21-190-CPA_Final.pdf
The Connecticut Data Privacy Act applies to businesses that transact business in Connecticut or otherwise utilize products or services targeted to Connecticut residents and either control or process the personal data of at least 100,000 Connecticut residents on an annual basis or derive over 25% of their gross revenue from the sale of personal data and control or process the personal data of at least 25,000 Connecticut residents on an annual basis.
The law requires opt-in consent for the collection and processing of a consumer’s “sensitive” information. This can include information revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life or sexual orientation, and citizenship or immigration status, among other categories.
Consumers are provided with the following rights:
- The right of notice.
- The right to access certain personal data collected about them.
- The right to correct personal data.
- The right to delete personal data.
- The right of portability,
Consumers may opt out of using their information for certain purposes, such as the sale of personal data and targeted advertising (and similarly require opt in consent from minors).
Click here for more information. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.cga.ct.gov/2022/ACT/PA/PDF/2022PA-00015-R00SB-00006-PA.PDF
As Hire Image predicted in our Top Ten Background Screening Predictions for 2023, we will likely see similar privacy laws being passed this year, and these laws will undoubtedly impact background screening. Hire Image will continue to keep you updated as to the passage of additional privacy laws in other states.
Contact us if you have any questions about how this law may affect you or about your background screening processes in general.
