Below is a quick breakdown of what is now the fifith comprehensive state data privacy law in the United States. The categories of personal data processed; The purposes for which the personal data are processed; The categories of personal data the controller shares with third parties, if any; The categories of third parties, if any, which the controller shares personal data; An email address or other online mechanism that the consumer may use to contact the controller; and. Connecticut may have been one of the smallest of the 13 original colonies, but its size belies its impact on the Revolutionary War. 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. The CTDPA also creates certain standardized data protection requirements. Application and Definitions. similar to the new laws in california, virginia and colorado (but notably not utah), the connecticut law requires companies to conduct and document a "data protection assessment" of activities that present "a heightened risk of harm to a consumer" by identifying and weighing the benefits of the processing to the potential risks that it poses to There are also specific processor obligations, including: A binding contract must be in place between a controller and a processor that includes instructions for processing data, the nature and purpose of processing, the type of data subject to processing, the duration of the processing, and the rights and obligations of both parties. Services If a controller denies an opt-out request because the controller believes such request is fraudulent, the controller must send a notice to the person who made such request disclosing that such controller believes such request is fraudulent, why such controller believes such request is fraudulent and that such controller shall not comply with such request (4-(c)-(4) of the CTDPA). With deep subject matter expertise, our attorneys handle data security incidents; regulatory issues regarding federal and state privacy laws, such as HIPAA, FERPA, COPPA, GLBA and CCPA; international privacy law compliance, such as GDPR; and data security litigation matters. Importantly, the law only covers digital data records. Civil penalties may be imposed as followed: Maximum penalty amount for willful violations: $5,000. Please note that if a controller processes personal data pursuant to an exemption in 10 of the CTDPA, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements in (10-(f) of the CTDPA (10-(g) of the CTDPA). We use cookies to optimize our website and our service. In addition, a third-party controller or processor receiving personal data from a controller or processor in compliance with CTDPA is likewise not in violation of said sections for the transgressions of the controller or processor from which such third-party controller or processor receives such personal data (10-(d) of the CTDPA). Beginning January 2025, the Attorney General may bring an action without providing an opportunity to cure. It seems that JavaScript is not working in your browser. sexual orientation, citizenship, or immigration status; information regarding an individual's mental or physical health condition or diagnosis; the processing of genetic personal data or biometric data, if the processing is for the purpose of identifying a specific individual; personal data collected from a known child; or. By David Kitchen (US) and Alexis Wilpon (US) on October 4, 2021 Posted in Cybersecurity, Data breach Effective October 1, 2021, an amendment [1] to the Connecticut General Statute concerning data privacy breaches, Section 36a-701b, will impact notification obligations in several significant ways. The consumer has the right to obtain a copy of the personal data that the consumer previously provided to the controller; The right to delete the personal data that the consumer provided to the controller. The CTDPA does not expressly provide for data processing notification requirements. The mechanism used for consumers to revoke consent must be at least as easy as the mechanism by which the consumer provided consent. However, the protection is slightly more narrow than that provided by Virginia because the CTDPA creates an exception to providing such information if it would require the Controller to reveal a trade secret. Payment Card Industry The CTDPA does not expressly address data protection officer appointment. ( 6(c)). If you experienced more than one breach, please submit a separate data breach notice for each. The CTDPA's definition of "sale of personal data" includes "the exchange of personal data for monetary or other valuable consideration" to a third party. instructions for processing personal data; the nature and purpose of the processing; the rights and obligations of both parties; requirethe processor to ensure each person processing personal data is subject to a duty of confidentiality with respect to the personal data; at the controller's direction, requirethe processor to delete or return all personal data to the controller as requested at the end of the provision of services, unless retention of the personal data is required by law; provide that, upon the reasonable request of the controller, the processor must make available to the controller all information in its possession necessary to demonstrate the processor's compliance with the obligations of the CTDPA; establish that, after providing the controller an opportunity to object, the processor may engage any subcontractor pursuant to a written contract that requires the subcontractor to meet the obligations of the processor with respect to the personal data; and. Processors must also provide necessary information to enable the controller to conduct and document data protection assessments. When the CTDPA goes into effect in 2023, the Connecticut Attorney General can issue a notice of the violation and allow 60 days to cure. 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. Connecticut has joined California, Colorado, Utah, and Virginia in passing a comprehensive new data privacy law that establishes responsibilities for Connecticut has joined California, Colorado, Utah and Virginia in passing a comprehensive new data privacy law, which will take effect on July 1, 2023. ( 6) Further, any Controller in possession of de-identified data is required to "take reasonable measures to ensure that the data cannot be associated with an individual" and "publicly commit" to not attempt to re-identify the data. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. with the enactment of the law, the state of connecticut has become the fifth state within the u.s. to pass data privacy legislation geared at protecting and safeguarding the various forms of personally identifiable information that residents of the state disclose when browsing the internet, making purchases, and using public services, among other ( 6). Note that any person includes companies. He can be reached at jmann@stroock.com. Controllers are required to ensure they operate from common privacy principles: Controllers are also required to make disclosures to consumers surrounding but not limited to: Further, controllers are prohibited from processing sensitive data collected from the consumer without obtaining the consumers consent. A consumer may also designate an authorized agent to act on the consumers behalf. 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 CDPA contains similar triggering thresholds as previously enacted state privacy laws and applies to (i) any person that conducts business in the state of Connecticut or produces products or services targeted to Connecticut residents and (ii) during the preceding calendar year, controls or processes the personal data of (a) not less than . Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. Friday Five 7/8. In pursuit of that goal, organizations should consider three critical phases of incident response: The readiness phase is all about having a response plan in place that allows the organization to quickly and confidently respond when an incident does occur. in your email. In June and July 2021, Connecticut signed into law two bills that focus on privacy and cybersecurity. This is similar to other state regulations, leaving California as the only state that provides for a private right of action. ( 2). The CTDPA has many similarities to certain of the existing state privacy laws. 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 . 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. that is necessary to retain to administer benefits for another individual relating to the individual who is the subject of the information under 3-(b)-(1) of the CTDPA and used for the purposes of administering such benefit. While businesses consider how to comply with Connecticut's new data privacy law, they should also take into account some of the data protection laws already in effect in the state. CTDPA is drawn heavily from the Colorado's CPA and Virginia's CDPA. Ned Lamont, D-Conn, signed the Connecticut Data Privacy Act into law on May 10, 2022 making Connecticut the 5th state after California, Virginia, Colorado and Utah to enact a comprehensive consumer privacy act. Further, a Consumer can "obtain a copy of the Consumer's personal data processed by the Controller, in a portable" and "readily usable" format. The CTDPA provides that its requirements do not restrict a controller or processor's ability to process personal data for reasons of public interest in the area of public health, community health, or population health, but solely to the extent that such processing is (10-(a)-(12) of the CTDPA): The CTDPA does not expressly provide that personal data can be processed based on the legitimate interest of the data controller. Opinions expressed are those of the author. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. On May 10, 2022, Connecticut became the fifth U.S. state with comprehensive consumer privacy legislation after Gov. Assemb., Reg. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. The law imposes a civil penalty of up to $500,000 on violators. This definition is similar to the Colorado Privacy Act (CPA) as well as California's CCPA and CPRA, but it is broader than the Utah Consumer Privacy Act (UCPA) and the Virginia Consumer Data Protection Act (VCDPA) which do not include "valuable consideration" as part of the definition of sale of personal data. The Connecticut Law will apply to any business that operates in or commercially targets Connecticut residents and that meets one of the following thresholds in the preceding 12 months: (1) controls or processes the personal data of 100,000 or more Connecticut consumers; or (2) controls or processes the personal data of 25,000 or more . 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. processed the personal data of at least 25,000 consumers and derived more than 25% of their gross revenue from the sale of personal data. Connecticut's Data Privacy Law The fifth and most recent state to adopt a comprehensive consumer privacy law is Connecticut. font size. A controller must comply with an opt-out request received from an authorized agent if the controller is able to verify the identity of the consumer and the authorized agents authority to act on the consumers behalf. (855) 670-8780 | connect@compliancepoint.com. The CTDPA is also unique in that it narrows its reach by not covering data collected solely for the purposes of payment transactions. The Connecticut attorney general's office, which has a nationally-renowned data privacy unit, will have exclusive enforcement rights. conduct internal research to develop, improve or repair products, services, or technology; identify and repair technical errors that impair existing or intended functionality. A controller must not be required to authenticate an opt-out request, but a controller may deny an opt-out request if the controller has a good faith, reasonable and documented belief that such request is fraudulent (4-(c)-(4) of the CTDPA). You will receive a subsequent e-mail providing a case number for reference in any future communications regarding the breach, including if you need to update, amend, or supplement your submission. The processor shall provide a report of such assessment to the controller upon request. Pursuant to Connecticut General Statutes 36a-701b, any person who 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. Organizations cybersecurity program must be based on one of the following industry-recognized frameworks to qualify for this safe harbor protection: Any organization subject to Payment Card Industry Data Security Standards (PCI-DSS) must comply with one of the frameworks listed above as well as the current version of PCI-DSS to qualify for the protection. 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. The CTDPA establishes rights including a right to access, deletion, as well as portability for consumers, and provides the right to opt-out of targeted advertising, sale of personal data, and automated profiling. Be on the lookout for our Q3 Newsletter! Specifically, if organizations create, maintain, and comply with a written cybersecurity program that contains administrative, technical, and physical safeguards for the protection of personal or restricted information, then they are protected against punitive damages in the case of a data breach (except in cases of gross negligence or willful misconduct). Note that any person includes companies. The industry leader for online information for tax, accounting and finance professionals. ( 3(a)). (CTDPA (4)(c)(4); CCPA). Please include a relevant subject line (e.g. The consumer has the right to confirm whether a controller is processing the consumers personal data and to access the personal data. Personal data is broadly defined (as it is in other data protection laws) to include any information that is, or reasonably could be, linked to an identified or identifiable individual. 42-234, no seller of motor gasoline or gasohol shall sell, or offer to sell, an energy resource at an unconscionably excessive price between November 3, 2022 and December 3, 2022. Who must provide notice and to whom is it provided? Specifically, the CTDPA states that a "controller that has obtained personal data about a consumer from a source other than the consumer shall be deemed in compliance with a consumer's request to delete such data . This type of proactive preparation can not only help organizations achieve safe harbor protection in the case of a breach, but it can also help them jump into response mode quickly to meet the states shortened time frame for incident notifications. 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). 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This law gives Connecticut consumers the rights to access, delete, correct, and obtain a copy of their data as well as the right to opt out of certain data processing. Is anything required in addition to notice? The Connecticut Act makes the state one of a modest number of states adopting general data protection laws analogous to California's AB 1950. Known as the Provision State, Connecticut delivered outsized but critical support to the revolution through food, ammunition, goods, and soldiers.Privateers dedicated to capturing British ships and cargo hid along its shores, and more troops in the Continental . 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. Additionally, controllers are required to provide consumers with a reasonably accessible, clear, and meaningful privacy notice that includes (6-(c)) of the CTDPA): In addition, where controller sells personal data to third parties or processes personal data for targeted advertising, the controller must clearly and conspicuously disclose such processing, as well as the manner in which a consumer may exercise the right to opt out of such processing (6-(d) of the CTDPA), Furthermore, a controller must establish, and describe in the privacy notice, one or more secure and reliable means for consumers to submit a request to exercise their consumer rights pursuant to the CTDPA. 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. The still relatively new safe harbor incentive system may be further . The CDPA will become effective on July 1, 2023. Furthermore, 11-(b) the CTDPA provides for an enforcement grace period beginning on the entry into effect date of 1 July 2023, and ending on 31 December 2024. This notification must go out within 60 days from the time the organization discovered the breach, even if an investigation is not complete. However, processors are required to assist the controller in meeting their obligations, including obligations related to the security of processing personal data and notification of a breach of security system under 36a-701b of Chapter 669 of Title 36a of the Connecticut General Statutes (7-(a)-(2) of the CTDPA). A big part of this response in Connecticut is being able to quickly investigate what happened and who was involved to be able to issue the proper and complete notification within the 60 day window. He is based in New York. 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. The controller is not allowed to charge a fee for the information in the request unless the request is the consumers second or subsequent request during the same 12-month period. What should I do if I have previously submitted a data breach notification form and wish to update, amend or supplement my submission? Connecticut Governor Ned Lamont has signed the country's fifth comprehensive consumer privacy act, "An Act Concerning Personal Data Privacy and Online Monitoring ," (the "Connecticut Data Privacy Act" or the "CDPA" as we refer to it in this article).
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