Colorado Privacy Act Draft Rules Adopted; Legal Challenge Looms
As expected, Colorado's Department of Law finalized and adopted draft amendments to Colorado's Privacy Act (CPA) Wednesday.
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Provisions of the amendments aim to enhance protections for processing minors’ data, moving beyond regulations contained in the federal COPPA framework (see 2506260035), which some privacy lawyers said reflects a trend also seen in other states (see 2508130059). The draft amendments did not include age-verification (see 2507300010).
The Department of Law has requested an opinion letter from the attorney general concerning the adopted amendments. Once received, the adopted rules will be filed for publication with the Colorado Register and become effective 20 days after publication.
While the adoption was expected (see 2509260023), a potential tech industry legal challenge looms (see 2509250058).
Trade association NetChoice warned during a Sept. 10 hearing that the draft kids privacy regulations may not survive First Amendment scrutiny (see 2509100045).
The draft amendments were published on July 29, and a public comment period was opened. The 22 comments received were then considered when revising the proposed amendments.