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Colorado Privacy Act Should Explicitly Exempt Journalism Activities, News Organizations Tell Ag

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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News organizations in Colorado are urging state Attorney General Phil Weiser to exempt journalism activities in draft rules implementing a 2021 consumer privacy law.

“The lack of an exemption for newsgathering … will threaten the journalism that holds corporations, governments, politicians, criminals and other powerful people accountable,” wrote Dean Littleton, general manager and vice president of KMGH-TV, in comments submitted to the AG’s office. “In the end, all Coloradans will suffer.”

Enacted by the legislature and signed into law last year, the Colorado Privacy Act is designed to give consumers more control over how businesses use their personal information. Once the rules go into effect next year, consumers will have the right to opt out of the sale and processing of their personal data for purposes such as targeted advertising. The law gives consumers the right to access, correct and delete personal data.

But unlike similar laws enacted in California and Virginia, the Colorado law does not contain specific exceptions for journalism and nonprofit activities. A free-speech exception in the law “is too narrow to provide certainty that news organizations will be protected,” wrote Stewart Vanderwilt, president and CEO of Colorado Public Radio, in comments.