Id. On April 28, 2022, the Connecticut legislature passed what we are calling the Connecticut Data Privacy Act (CTDPA) ( SB 6 ). Below are highlights from some of the sessions: The CPPA did not comment on any suggestions, and noted that they were in listening mode. The CPPA has not commenced formal rulemaking activities, and continues to gather information. Thus, more companies are likely to find themselves covered by the Connecticut law. You also have the option to opt-out of these cookies. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Also consistent with the other state data privacy laws, the CPDPA requires that data controllers enter into a written contract with data processors prior to disclosing the personal data, outlining specific instructions for the data processing and data security requirements for the protection of the personal data. 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. 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.. Intentional violations of [] James A. Cox London (+44 (0) 20 7071 4250, jacox@gibsondunn.com) The Connecticut Attorney General (AG) has exclusive authority to enforce SB 6. b. Jai S. Pathak Singapore (+65 6507 3683, jpathak@gibsondunn.com). Significantly, the CTDPAs sunset provision on the right to cure means that starting January 1, 2025, the AG will no longer have to issue notice and an opportunity to cure before pursuing violations, much like the cure period for Colorado. Connecticut Data Breach Notification Statute (Full Text) C.G.S.A. CHAPTER I - GENERAL PROVISIONS SECTION 1. Alan is a thought leader in digital media, intellectual property, and privacy and consumer protection law, with three decades of relevant experience to address the intersection of law and technology. Declaration of Policy. 46Id. Gibson, Dunn & Crutcher LLP 2022. An Updated Federal Overtime Rule: Whens It Coming? [15] Unlike Californias and Colorados laws, the VCDPA does not include rulemaking authority. If . All rights reserved. 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. Controllers will be required to update their website and other Privacy notices to be transparent about the categories of data collected, the purpose of the collection, how consumers can exercise their rights under the law, including an active email address at which to contact the controller, what information is shared with third parties, and the categories of third parties with which the controller shares the information. 49Id. Debra Wong Yang Los Angeles (+1 213-229-7472, dwongyang@gibsondunn.com) Connecticut is gearing up to be the next state with a comprehensive privacy law. deems violations to be Connecticut Unfair Trade Practices Act violations. The CTDPA draws heavily upon its predecessor statutes in Virginia and Colorado, with very few departures of significance. A controller must respond to consumers rights requests without undue delay, and within specific enumerated timelines, subject to verifying the identity of the consumer and authorized agent making the request. Patrick Doris London (+44 (0) 20 7071 4276, pdoris@gibsondunn.com) This week, on Tuesday May 10, 2022, Connecticut Gov. Civility: Civility and courtesy are the hallmarks of professionalism. (Va. 2022). The Control Our Data Act (CODA), a discussion draft released by the Republican members of the House Energy and Commerce Committee in November 2021. The task force must submit a report of its findings and recommendations to the General Law Committee by January 1, 2023. Penny Madden London (+44 (0) 20 7071 4226, pmadden@gibsondunn.com) [13] The second amendment changes the definition of nonprofit organization to include political organizations, thus exempting them from the VCDPA. The CTDPA includes many of the same provisions as the California, Colorado, Utah, and Virginia privacy laws. The task force will be terminated upon submission of its final report. 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. (a) inform each of its employees who operates or maintains a personal data system or who has access to personal data, of the provisions of (1) this chapter, (2) the agency's regulations adopted pursuant to section 4-196, (3) the freedom of information act, as defined in section 1-200, and (4) any other state or federal statute or regulation Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. 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. sets responsibilities and privacy protection standards for data controllers; gives consumers the right to access, correct, delete, and obtain a copy of personal data and to opt out of the processing or personal data for certain purposes (e.g., targeted advertising); requires controllers to conduct data protection assessments; authorizes the state attorney general to bring an action to enforce the bills requirements; and. These obligations do not restrict a controllers (or processors) ability to collect, use or retain data for internal purposes to: conduct product research and development; effectuate a product recall; identify and repair technical errors; or perform internal operations reasonably anticipated based on the consumers existing relationship with the controller, or are otherwise compatible with processing data in furtherance of the provision of a product or service specifically requested by a consumer or the performance of a contract to which the consumer is a party. By continuing to use our website without electing an option below, you are agreeing to our use of cookies. Data protection assessments for such activities prepared pursuant to other privacy frameworks (e.g., the CPA) satisfies this requirement, provided that data protection assessment is reasonably similar in scope and effect to what is required by SB 6. The information published here is believed . [1] Indeed, while the specific combination of features in the CTDPA may be unique, the combination is largely made of elements seen in at least one of its preceding laws. Has The SEC Conflated Indemnification And Insurance? This requires organizations to review third-party contracts to determine whether they are disclosing personal data to third parties, whether CPDPA applies and to amend contracts with those third parties, as appropriate. The CTDPA applies to persons conducting business in Connecticut or producing products or services targeted to Connecticut residents, and who during the preceding calendar year either: Similar to the VCDPA and the CPA, the CTDPA does not contain a revenue threshold. Connecticut has joined California, Colorado, Utah, and Virginia in passing a comprehensive new data privacy law that establishes responsibilities for Connecticut has joined California, Colorado, Utah and Virginia in passing a comprehensive new data privacy law, which will take effect on July 1, 2023. 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. How It Works. The National Law Review is a free to use, no-log in database of legal and business articles. Civ. (Va. 2022). The AG has exclusive enforcement authority, with violations constituting unfair trade practices under the Connecticut Unfair Trade Practices Act (CUTPA).49 In a move reminiscent of the CPA sunset provision, before pursuing any action for violations, the AG will provide companies with a notice of alleged violations and a 60-day cure period if a cure is possible, from July 1, 2023, until December 31, 2024.50 The AG has until February 1, 2024, to submit a report to the Connecticut General Assembly on how many notices of violations were given, the nature of each violation, the amount cured and any other matter the AG deems relevant. Buy CaseGuard Redaction Software. Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. If a controller sells personal data to a third party or processes personal data for targeted advertising, the CTDPA requires controllers to provide a clear and conspicuous link on the controllers website to enable a consumer or that consumers agent to opt out of targeted advertising or sale of the consumers personal data.47 While the CTDPA does not prescribe the label of the link, this clear and conspicuous link is similar to the Do Not Sell or Share My Personal Information link required by the CCPA/CPRA. It also defines certain limitations around when companies may reject consumer requests to opt out of data sales, targeted advertising, and profiling. 6(a)(7); Cal. Such Connecticut is poised to become the fifth state to pass comprehensive consumer privacy legislation, after California, Virginia, Colorado, and Utah. However, there is a grace period for enforcement actions until December 31, 2024, for the AG to provide organizations an opportunity to cure any alleged violations. 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. Like the Virginia and Colorado laws, the CTDPA allows consumers to opt out of the processing of their personal data for purposes of (a) targeted advertising, (b) the sale of personal data, and (c) profiling in furtherance of solely automated decisions that produce similarly significant effects. Consumer Data Protection Act, extending to both data the individual has provided to the business, and to data obtained from other sources. CONNECTICUT DATA PRIVACY ACT (CTDPA) ADVISORY I MAY 17, 2022 This publication is a summary of legal principles. 2 . No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Key Provisions Connecticut's " An Act Concerning Personal Data Privacy And Online Monito ring " will go into effect on July 1, 2023. 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. Protection Afforded to Journalists and Their So For the first 18 months of enforcement (until December 31, 2024), the Attorney General must provide notice of a violation at least 60 days before an enforcement action can be made. He offers clients a unique blend of deep experience in counselling companies through compliance with data privacy laws, drafting and negotiating technology agreements, and advising on the privacy, IT, and IP implications of mergers & acquisitions and other corporate transactions. Definition of Terms. Neither the VCDPA nor the CPA specify the exact manner in which a controller must provide the opt-out right, only that the manner must be clearly and conspicuously disclosed by the controller. Connecticut enacted a new data protection law that became effective October 31, 2008. It: The CPDPA applies to individuals and entities that conduct business in the state of Connecticut or target products or services to Connecticut residents and either: control or process personal data of at least 100,000 Connecticut consumers (except if the data is processed solely for completing a payment transaction) or control or process the personal data of at least 25,000 Connecticut consumers and derives more than 25 percent of their gross revenue from the sale of personal data. 42-110b (2016). The CTDPA broadly defines the "sale of personal data" to include the exchange of personal data for monetary or "other valuable Numerous other states also are actively considering such laws, with drafting and negotiations at various phases. 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. Notably absent from support is Senator Maria Cantwell (D-WA), a leader in the Senate who has previously proposed data privacy . It includes both protection of Social Security Numbers and a broad data protection requirement. Note: Particular dates and deadlines should always be verified. CMA BLOCKS META/GIPHY IT MIGHT BE THE META UNIVERSE BUT WE'RE Five Data Quality Nightmares That Haunt Marketers and How Avoid Them. SECTION 4. The following links to resources may be helpful in drafting such a privacy policy. Robinson+Cole is a law firm serving regional, national and global clients from nine offices throughout the Northeast. Alexander H. Southwell Co-Chair, PCDI Practice, New York (+1 212-351-3981, asouthwell@gibsondunn.com) View Infographic Connecticut's Data Privacy Law By Nicole E. Cloyd on 6.13.2022 The new Connecticut data privacy lawinconveniently titled "An Act Concerning Personal Data Privacy and Online Monitoring" (hereinafter referred to as "CPDPA") was signed into law on Tuesday, May 10, 2022 and will have an effective date of July 1, 2023. Crypto Showdown: SECs Lawsuit Against Ripple Labs Reaches Critical BIS Implements New Chinese Supercomputer and Semiconductor International Trade Practice at Squire Patton Boggs. Entities subject to the law will have to provide clear and conspicuous links on their websites giving consumers the choice to opt-out of that type of processing and provide a universal opt-out preference signal by January 1, 2025. Michael Li-Ming Wong San Francisco/Palo Alto (+1 415-393-8333/+1 650-849-5393, mwong@gibsondunn.com), Europe Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Treasury Issues Final Rule on Beneficial Ownership Reporting FDA Proposes Color Certification Fee Increase. SB 6 protects consumers, which are generally defined as Connecticut residents who are not acting (1) in a commercial or employment context, or (2) on behalf of a business, nonprofit, or government agencies (e.g., as an employee). By continuing to browse our website, you consent to our use of cookies as set forth in our. (Va. 2022). The task force must submit a report of its findings and recommendations to the joint standing committee by January1, 2023. David helps clients understand and comply with the complex maze of existing and emerging state, federal, and international privacy and information security laws. The CTDPA will become effective by its terms in a little over a year, on July1, 2023[2] six months after the California Privacy Rights Act (CPRA) and Virginia Consumer Data Protection Act (VCDPA), simultaneously with the Colorado Privacy Act (CPA), and six months before the Utah Consumer Privacy Act (UCPA). What is the Connecticut Privacy Law about? This act shall be known and may be cited as the "New York 2 child data privacy and protection act". Michael Walther Munich (+49 89 189 33-180, mwalther@gibsondunn.com) If enacted, SB 6 will go into effect on July 1, 2023, with exceptions for certain provisions. Connecticut's privacy act requires controllers to obtain consent for processing sensitive data. David P. Burns Washington, D.C. (+1 202-887-3786, dburns@gibsondunn.com) obtain consent before processing sensitive data, including data of any individual under the age of 13, and follow the provisions of the Childrens Online Privacy Protection Act. Connecticut follows in the steps of Nevada, California, Virginia, Colorado and Utah in enacting its own comprehensive privacy legislation, with more pending in various state legislatures. If enacted the CDPA will apply to businesses that are either in Connecticut or offer products and services that are targeted towards residents of Connecticut as individuals, where the business, during the prior calendar year, met at least one of the following thresholds: Controls or processes the personal data of 100,000 Connecticut consumers. The California Privacy Rights Act Could now Apply to Your Business, Bidens Executive Order Implementing New EU-U.S. Data Privacy Framework to Replace Privacy Shield, California Privacy Protection Agency Amends Proposed CPRA Regulations, https://cga.ct.gov/2022/ACT/PA/PDF/2022PA-00015-R00SB-00006-PA.PDF. [14] The third and final amendment provides that all civil penalties, expenses, and attorney fees will be paid into the state treasury and credited toward the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund, rather than a separate Consumer Privacy Fund. If you would ike to contact us via email please click here. The law excludes 16 different categories of data from its purview, including protected health information under HIPAA, information subject to the Fair Credit Reporting Act, employee and job applicant data, and information protected by the Family Educational Rights and Privacy Act. Proposed data privacy legislation currently remains in committee in Alaska, Louisiana, Massachusetts, Michigan, North Carolina, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and Vermont. As with other state privacy laws, a major part of complying with the CTDPA involves posting privacy disclosures on a business's website (and anywhere else it collects personal data). : MyPillow and Mike Lindell Facing MASSIVE EXPOSURE Alabama Medical Cannabis Application Window Is Open: [Insert Michael Ankura CTIX FLASH Update - November 1, 2022, Ankura Cyber Threat Investigations and Expert Services, Brazil Limits New Privacy Laws Obligations on Small Entities. Expert Commentary articles and other IRMI Online content do not purport to provide legal, accounting, or other professional advice or opinion. 29C.R.S. These disclosures must include the following information: 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. His practice has a particular focus on the the ingestion and sharing of data by way of strategic data transactions, data brokers, and vendor relationships, the implications of digital advertising (as companies look toward A senior member of our Data Privacy & Cybersecurity Practice Group, Glenn Brown provides business-oriented advice to clients in numerous industries on data privacy and regulatory compliance matters, including regulatory investigations and examinations. 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. Subscribe to receive the latest insights and news from Akin Gump. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 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. Oklahoma Telephone Solicitation Act goes into effect Chinas National Intellectual Property Administration Releases New Ninth Circuit Holds Time Spent Logging On and Off Computers May Be Employment Tip of the Month November 2022, Sizeable Increases to 2023 Plan Limits Due to Inflation. Leveraging the team's deep privacy expertise, WireWheel has developed an easy-to-use platform that enterprises including large financial institutions, telecoms and consumer-facing brands use to manage their privacy . 25,000 or more Connecticut residents, where the business derives more than 25% of its gross revenue from the sale of personal data. TURNABOUT: TCPA Defendant Recovers Damages (Fees) Against Plaintiff What Gives You the Right to Be in This IPR? Challenges in the Valuation of VC-Backed Companies: Why Relying on NYDFSs $4.5 Million EyeMed Cyber Settlement Reminder To Industry, ESG Considerations for Retirement Plans: A Moving Target, European Commission Publishes Report on Decentralized Finance. 6, 2022 Gen. 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. Sess. Clients frequently turn to her for advice and counsel on complex issues that arise under the Health Insurance Portability and Accountability Act (HIPAA), the Confidentiality of Medical Information Act (CMIA), the California Consumer Privacy Act (CCPA), the FTC Act and the FTC Health Breach Notification Rule. possible legislation to expand SB 6s applicability. Ashley Rogers Dallas (+1 214-698-3316, arogers@gibsondunn.com) The following are the cookies installed by the service: _ga, _gid, collect, vuid, These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. in their personal data, delete personal data, opt-out of the processing of their personal data for purposes of targeted advertising, the sale of personal data, or profiling, and the right to data portability. AN ACT CONCERNING PERSONAL DATA PRIVACY AND ONLINE MONITORING. She is a member of theBusiness Litigation Group and the Financial Services Cyber-Compliance Team,and chairs the firmsData Privacy and Security Team. (and/or the GDPR) should be well-positioned for compliance with the CTDPA requirements, including Connecticut's consent requirement and the data privacy assessments required for certain processing. Connecticut is gearing up to be the next state with a comprehensive privacy law. NLRB General Counsel Abruzzo Issues Memo on Employer Surveillance in 2022 Labor and Employment Tri-State Legislative Update: CT, MA, and RI. Connecticut is inching closer to becoming the fifth state to enact a comprehensive privacy law. The purpose for processing personal data. Connell ONeill Hong Kong (+852 2214 3812, coneill@gibsondunn.com) Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. 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. Ordinary Observer Conducts Product-by-Product Analysis in View of Prior Art. 08-167, entitled "An Act Concerning the Confidentiality of Social Security . [6] By January1, 2025, data controllers must allow consumers to exercise their opt-out right through an opt-out preference signal. Information responsive to a consumer rights request must be provided to the consumer free of charge, once per 12-month period. These cookies do not store any personal information. 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. The CPDPA is designed to establish a framework for controlling and processing personal data.
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