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Revised Colorado Privacy Act Rules: Enforcement Won’t Infringe on Press Freedom

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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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Draft rules implementing a new Colorado consumer privacy law have been revised to address news organizations’ concerns about how the law could affect journalism activities.

new version, released by the office of Attorney General Phil Weiser on Dec. 21, explicitly says that nothing in the Colorado Privacy Act or the rules themselves gives the AG or a district attorney any enforcement powers “that would infringe upon rights protected by the United States Constitution or Colorado Constitution, including the right to freedom of speech or freedom of the press.”

The revised language also clarifies that the law exempts data maintained for noncommercial purposes, defined to include “political speech and journalism.”

Enacted by the legislature in Senate Bill 21-190, the Colorado Privacy Act is designed to give consumers more control over how businesses use their personal information. Once the rules go into effect July 1, 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.