Colorado AG Announces Public Hearing on Proposed CPA Regulations

Trick or Treat: Colorado AG Announces Public Hearing on Proposed CPA Regulations

Overview


Consult our interactive state privacy law map to learn more about all of the enacted state consumer privacy laws.


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.

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If you have questions or need assistance preparing for the new state consumer laws, please contact your regular McDermott lawyer or reach out to the authors.