Connecticut is the fifth state to enact consumer data privacy legislation. It could be because it is not supported, or that JavaScript is intentionally disabled. If you experienced more than one breach, please submit a separate data breach notice for each. We use cookies to optimize our website and our service. The Commissioner of Energy and Environmental Protection has provided notice to the Attorney General of an abnormal market disruption regarding the wholesale price of motor gasoline or gasohol. Under the CTDPA, the Controller must provide a "clear and conspicuous" link on the Controller's website to a webpage that enables a Consumer to opt out of targeted advertising or the sale of personal data. Purpose limitation: Controllers shall not process personal data for purposes that are neither reasonably necessary to, nor compatible with, the disclosed purposes for which such personal data is processed, as disclosed to the consumer, unless the controller obtains the consumer's consent. This webinar explores what is new in the draft CPRA regulations and the ADPPA, as well as the key considerations for companies. First is Connecticuts offer of safe harbor protection from punitive damages for any business that creates, maintains, and complies with a written cybersecurity program that meets certain standards. By Jan. 1, 2025, the CTDPA expands the opt-out requirements by mandating that Controllers enable Consumers to opt out "through an opt-out preference signal" which "indicat[es] such consumer's intent to opt out of any such processing or sale." provide for the processor to allow, and cooperate with, reasonable assessments by the controller or the controller's designated assessor, or provide that the processor may arrange for a qualified and independent assessor to conduct an assessment of the processor's policies and technical and organisational measures in support of the obligations under the CTDPA, inclusive of using an appropriate and accepted control standard or framework and assessment procedure for such assessments. On March 10, 2021, a rights-based data protection bill proposed by Florida's House of Representatives passed out of the House's Regulatory Reform Subcommittee on an 18-0 vote to approve. The NLR does not wish, nor does it intend, to . In particular, during the period beginning on 1 July 2023, and ending on 31 December 2024, the AG shall, prior to initiating any action for a violation of the CTDPA, issue a notice of violation to the controller if the AG determines that a cure is possible. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. Similar to many of the other state privacy statutes that preceded the CTDPA as well as certain other regulations across the globe such as the GDPR (General Data Protection Regulation) in Europe, Connecticut employs the concept of a "Controller" to refer to an entity or individual determining the purpose and means of data processing and a "Processor" for the entity or individual that processes personal data on behalf of the Controller. comply with a federal, state, or local law, rule, or regulation; comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, local, or other governmental entity; cooperate with a law enforcement agency concerning activity that the controller or processor reasonably and in good faith believes may violate federal, state, or local laws, rules, or regulations; or. You're all set to get top regulatory news updates sent directly to your inbox, You will receive an activation email shortly with verification instructions, This site is protected by reCAPTCHA and the Google. A consumer has the right to correct inaccuracies in their personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data (4-(a)-(2) of the CTDPA). Instead, they should use another form of notification or alternate email address. The CTDPA also contains strict protections for data of minors. retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring the consumer's personal data remains deleted from the controller's records and not using such retained data for any other purpose pursuant to the provisions of the CTDPA; or. If the controller fails to cure a violation within 60 days of receipt of the notice of violation, the AG may initiate an enforcement action. Signup for a trial to access unlimited content. Connecticut's privacy act requires controllers to obtain consent for processing sensitive data. Connecticuts new pair of privacy laws make proactive preparation for incident response even more important than ever for organizations that maintain data on state residents. The mechanism used for consumers to revoke consent must be at least as easy as the mechanism by which the consumer provided consent. The industry leader for online information for tax, accounting and finance professionals. by (A) retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring the consumer . Similar to California, the Controller is not required to authenticate an opt-out request, which likely will increase the number of requests that are made once the CTDPA goes into effect. The new law penalizes any individual or business that intentionally fails to protect personal information. parts 160 and 164). The technical storage or access that is used exclusively for statistical purposes. The CTDPA applies to persons that conduct business in Connecticut or persons that produce products or services that are targeted to Connecticut residents and that occurred during the preceding calendar year. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. under the responsibility of a professional subject to confidentiality obligations under federal, state, or local law. Connecticut General Statutes 743dd requires certain businesses to create a privacy policy detailing the ways in which they will protect the personal identifying information of their customers and other parties whose data they possess. (CTDPA 6; VCDPA 59.1-574(5); CPA 6-1-1308)(7)). Consent may include a written statement, including by electronic means, or any other unambiguous affirmative action (1-(6) of the CTDPA). (CTDPA 4(a); VCDPA 59.1-573(A)(5); CPA 6-1-1306). However, the CTDPA states that nothing within shall be construed to (10-(e) of the CTDPA): Additionally, the CTDPA provides that its requirements do not restrict a controller or processor's ability to take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or of another individual, and the processing cannot be manifestly based on another legal basis (10-(a)-(8) of the CTDPA). The law governs those who during the preceding calendar year controlled or processed the personal data of (1) at least 100,000 consumers, excluding personal data used solely for the purpose of completing a payment transaction or (2) at least 25,000 consumers and derived more than 25 percent of their gross revenue from the sale of personal data. The CTDPA does not expressly provide for requirements for cross border data transfer. (CTDPA 1(18); CCPA 1798.140(t); CPRA 14; CPA 6-1-1303(23(a)); VCDPA 59.1-571; UCPA 13-61-101(31)(a)). A description of one or more secure and reliable means for consumers to submit requests to exercise their rights. the sale of personal data except as provided in 6 of the CTDPA; or. Notably, the fact that organizations in compliance with all elements of the laws are protected from punitive damages in the case of a data or security breach makes adhering to these regulations particularly important. This is especially important since Connecticut reduced the amount of time businesses have to issue an incident notification from 90 days to 60 days. The AG has the exclusive authority to enforce the CTDPA (11-(a) of the CTDPA). There are also groups or organizations that are not covered by the CTDPA, including government bodies, nonprofit organizations and higher education institutions. The new Connecticut legislation also creates a standing work group that will address a range of emerging topics or issues that the law could be amended to cover. Pursuant to Conn. Gen. Stat. ( 3(a)). Contrary to most privacy laws to date, which encourage compliance by issuing fines for breaches, Connecticuts law encourages compliance by protecting organizations from punitive damages if they meet certain cybersecurity standards. The substitute notice should include all of the following: Finally, any information organizations provide in response to an investigation connected to a data breach will be exempt from public disclosure under Connecticuts Freedom of Information law. Pursuant toConnecticut General Statutes 36a-701b(g), failure to provide such notice shall constitute a violation of theConnecticut Unfair Trade Practices Act (CUTPA). The GLBA requires certain agencies and regulators to issue regulations ensuring that financial institutions protect the privacy of consumers' personal information by developing and giving notice of their privacy policies to their customers at least annually, before disclosing any consumer's personal financial information to an unaffiliated party. Litigation Support Services While many of these laws draw inspiration from each other and, therefore, share a lot of similarities, Connecticuts new laws break the mold in two notable ways. The CTDPA also exempts 16 types of information and data, including, for example, protected health information under HIPAA (Health Insurance Portability and Accountability Act). Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. While the CTDPA contains many similarities to the existing four U.S. state privacy statutes, it also possesses its own unique differences, thus adding to the growing patchwork of state privacy laws that has been forming absent a federal rule. owns, licenses or maintains computerized data that includes personal information is required to disclose a security breach to state residents whose personal information is believed to have been compromised. Consider the following: All of these security obligations are very open-ended, especially in contrast to Connecticuts which provides organizations with a clear list of more than five well-documented security frameworks they can follow to be compliant with the law. SeeConn. Gen. Stat. Is anything required in addition to notice? This means the law applies to any organization that might collect or process data on Connecticut residents, regardless of where the company itself is located. The Connecticut attorney general's office, which has a nationally-renowned data privacy unit, will have exclusive enforcement rights. Data processor:An individual who, or legal entity that, processes personal data on behalf of a controller (1-(21) of the CTDPA). any means available to verify the age of a child who creates a social media account; possible legislation that would expand the provisions the CTDPA; and. The law also draws from Virginia and Colorado's statutes, with few departures. The processing of personal data for the purposes of targeted advertising, The processing of personal data for the purposes of profiling, where such profiling presents a reasonably foreseeable risk to the consumer, GLBA financial institutions and data, and registered national securities associations, Institutions of higher education and FERPA data, Covered entities and business associates under HIPAA, Any body or political subdivision of the state, Data maintained for employment records purposes, Data used by air carriers under the Airline Deregulation Act, Data subject to Drivers Privacy Protection Act. Meeting this goal requires implementing practices based on the program and regularly revisiting it as security standards change. Digital privacy laws are popping up everywhere. Although the CTDPA grants these rights, it maintains a similar "business-friendly" nature to the Virginia and Utah laws - which stands in contrast to many other global privacy laws. The controller bears the burden of demonstrating the manifestly unfounded, excessive, or repetitive nature of the request (4-(c)-(3) of the CTDPA). Examples of common incidents that would require a business to issue a data breach notification under the new laws include any of the following breaches that compromise personal information as newly defined by the state and create potential risk to consumers as a result: Given the safe harbor protection that Connecticuts new Act Incentivizing the Adoption of Cybersecurity Standards for Businesses offers for organizations that meet certain requirements, no business can afford not to be prepared. TheConnecticut State Governor signed, on 10 May 2022,Senate Bill ('SB') 6 for An Act Concerning Personal Data Privacy and Online Monitoring('CTDPA'), making Connecticut the fifth US State to enact a comprehensive privacy legislation. Yes if a Connecticut residents Social Security number is believed to have been compromised in the data breach, we require that they be offered 24 months of credit monitoring services. body, authority, board, bureau, commission, district or agency of this state or of any political subdivision of the state; national securities association that is registered under the, financial institution or data subject under the, covered entity or business associate under the. On June 10, Connecticut Governor M. Jodi Rell signed into law a bill to safeguard Social Security numbers and other personal information. Marketing Compliance Finding a credible expert with the appropriate background, expertise, and credentials can be difficult. 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