Privacy laws govern the collection, use, storage, protection, sharing, and deletion of personally identifiable information (PII) of consumers and employees—and the disclosure to consumers of what PII a business has collected about them. Examples of PII include names, addresses, telephone numbers, credit card information, online user names and passwords, and health care information. Many states have privacy laws, and these laws vary from state to state.
In Colorado, privacy laws are designed to protect the personal information of both consumers and employees. The Colorado Privacy Act (CPA), which is set to take effect on July 1, 2023, provides consumers with rights regarding their personal data, including the right to access, correct, delete, and obtain a copy of their personal information. It also allows consumers to opt out of the processing of their personal data for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects. Businesses that control or process the personal data of Colorado residents are required to implement reasonable security practices to protect the data, conduct data protection assessments for certain processing activities, and be transparent about their data collection practices. Additionally, the state has sector-specific laws, such as the Colorado Medical Privacy Act, which safeguards health care information. It's important to note that these state laws operate alongside federal regulations like the Health Insurance Portability and Accountability Act (HIPAA), which protects health information, and the Fair Credit Reporting Act (FCRA), which governs credit information. Attorneys can provide guidance on how these laws interact and how businesses can comply with the comprehensive regulatory landscape.