ARTICLE
5 November 2024

Trick Or Treat: Colorado AG Announces Public Hearing On Proposed CPA Regulations

MW
McDermott Will & Emery

Contributor

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On October 30, 2024, the Colorado attorney general (AG) announced a November 7, 2024, public rulemaking hearing to receive feedback on its latest proposed Colorado Privacy Act...
United States Colorado Privacy

On October 30, 2024, the Colorado attorney general (AG) announced a November 7, 2024, public rulemaking hearing to receive feedback on its latest proposed Colorado Privacy Act (CPA) regulations. Anyone who wishes to attend the hearing virtually must register here. The AG is also accepting written comments until the hearing date, which can be submitted here.

In Depth

Accompanying the AG's announcement was a slightly modified set of the proposed regulations. (We previously analyzed the proposed regulations in September.) The only change involves the effect of AG opinion letters, allowing the AG to specify in the opinion letter whether other entities can rely on the letter. Otherwise, there were no changes to the proposed regulations.

As a refresher, the proposed regulations (i) require any business that collects biometrics to give a pre-collection notice to the consumer, (ii) expand the scope of data impact assessments to evaluate processing activities related to minors (consumers under age 18), and (iii) introduce methods by which companies can seek regulatory guidance from the Colorado AG.

WHAT'S NEXT?

While subject to change pursuant to public consultation, assuming the proposed CPA amendments are finalized, they would become effective on July 1, 2025. Businesses interested in shaping and commenting on the draft amendments should consider promptly submitting comments to the Colorado AG.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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