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Colorado Privacy Act (SB 21-190; C.R.S. 6-1-1301 et seq.) and Attorney General rules (4 CCR 904-3, Part 9): profiling opt-out and data protection assessments

Verified Checked against its sources on 4 sources quoted

Jurisdiction
Colorado
Bill or instrument
SB 21-190 (C.R.S. 6-1-1301 to 6-1-1313); rules 4 CCR 904-3
Status
Enacted; in force since July 1, 2023
Enacted
July 7, 2021
Effective
2023-07-01 (act and rules)
Applies to
Controllers and processors that conduct business in Colorado or target Colorado residents and meet a threshold; governments, financial institutions subject to GLBA and other listed entities and data excluded
Sectors
Cross-sector; GLBA-covered financial institutions and affiliates excluded at the entity level; FCRA-covered and GLBA-covered data excluded
Thresholds
Personal data of 100,000+ consumers per calendar year, or revenue from selling personal data and 25,000+ consumers
Penalties
A violation is a deceptive trade practice under the Colorado Consumer Protection Act; civil penalties under that act (amount not excerpted in this record)
Enforcement
Attorney General and district attorneys; no private right of action; Attorney General rulemaking (4 CCR 904-3)

Summary

Colorado's comprehensive consumer privacy law (SB 21-190), in force since July 1, 2023, applies to entities doing business in Colorado or targeting its residents that control or process the personal data of at least 100,000 consumers a year, or that earn revenue from selling personal data and handle data of at least 25,000 consumers. Consumers may opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. Controllers must conduct a data protection assessment before processing that presents a heightened risk of harm, which includes profiling that presents a reasonably foreseeable risk of unfair or deceptive treatment, unlawful disparate impact, or financial or physical injury. The Attorney General's rules (4 CCR 904-3), also effective July 1, 2023, add a Part 9 on profiling, which the Attorney General described as the first state regulation of automated decision-making within a general privacy law. Under Rule 9.04, opt-out requests must be honored for profiling based on solely automated or human-reviewed automated processing; a controller may decline the request where the profiling uses human-involved automated processing, and must then tell the consumer. The act exempts financial institutions and their affiliates subject to the Gramm-Leach-Bliley Act at the entity level, as well as GLBA- and FCRA-covered data. Violations are deceptive trade practices enforced only by the Attorney General and district attorneys; there is no private right of action. The 60-day cure period expired on January 1, 2025.

Key dates

  1. July 7, 2021Enacted
  2. 2023-07-01 (act and rules)Takes effect
  3. October 16, 2026Checked against sources
  4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 16, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

  1. THE SHORT TITLE OF THIS PART 13 IS THE "COLORADO PRIVACY ACT".

    Supports: Name and statutory location

    This act takes effect July 1, 2023

    Supports: Effective date

    (C) PROFILING IN FURTHERANCE OF DECISIONS THAT PRODUCE LEGAL OR SIMILARLY SIGNIFICANT EFFECTS CONCERNING A CONSUMER.

    Supports: Profiling opt-out

    PROCESSING PERSONAL DATA FOR PURPOSES OF TARGETED ADVERTISING OR FOR PROFILING IF THE PROFILING PRESENTS A REASONABLY FORESEEABLE RISK OF: (I) UNFAIR OR DECEPTIVE TREATMENT OF, OR UNLAWFUL DISPARATE IMPACT ON, CONSUMERS; (II) FINANCIAL OR PHYSICAL INJURY TO CONSUMERS

    Supports: Data protection assessment for risky profiling

    A FINANCIAL INSTITUTION OR AN AFFILIATE OF A FINANCIAL INSTITUTION AS DEFINED BY AND THAT IS SUBJECT TO THE FEDERAL "GRAMM-LEACH-BLILEY ACT"

    Supports: Entity-level GLBA exemption

    FOR PURPOSES ONLY OF ENFORCEMENT OF THIS PART 13 BY THE ATTORNEY GENERAL OR A DISTRICT ATTORNEY, A VIOLATION OF THIS PART 13 IS A DECEPTIVE TRADE PRACTICE.

    Supports: Enforcement

    THIS PART 13 DOES NOT AUTHORIZE A PRIVATE RIGHT OF ACTION FOR A VIOLATION OF THIS PART 13 OR ANY OTHER PROVISION OF LAW.

    Supports: No private right of action

    IF THE CONTROLLER FAILS TO CURE THE VIOLATION WITHIN SIXTY DAYS AFTER RECEIPT OF THE NOTICE OF VIOLATION, AN ACTION MAY BE BROUGHT PURSUANT TO THIS SECTION. THIS SUBSECTION (1)(d) IS REPEALED, EFFECTIVE JANUARY 1, 2025.

    Supports: Cure period and its expiry

    Senate Bill 21-190, Signed Act (Colorado Privacy Act) Colorado General Assembly Primary source

  2. 07/07/2021 Governor Governor Signed

    Supports: Signing date

    Control or process personal data of at least 100,000 consumers per calendar year

    Supports: Applicability threshold (enacted-bill summary)

    SB21-190 Protect Personal Data Privacy (bill page) Colorado General Assembly Primary source

  3. they will go into effect July 1, 2023

    Supports: Rules effective date

    Colorado is the first state in the country to enact regulations governing automated decision making (i.e., profiling) in the context of a general state privacy law.

    Supports: Part 9 profiling rules

    Attorney General's Office files finalized Colorado Privacy Act rules (15 March 2023) Colorado Department of Law (Attorney General) Primary source

  4. based on Solely Automated Processing or Human Reviewed Automated Processing shall be honored

    Supports: Rule 9.04: opt-out honored for solely automated and human-reviewed profiling

    A Controller may decide not to take action on a request to opt out of Profiling in furtherance of Decisions that Produce Legal or other Similarly Significant Effects Concerning a Consumer if the Profiling used is based on Human Involved Automated Processing.

    Supports: Rule 9.04: human-involved processing exception

    Colorado Privacy Act Rules, 4 CCR 904-3 (final rules filed 15 March 2023) Colorado Department of Law (Attorney General) Primary source

Suggested citation. Eminence Scan, “Colorado Privacy Act (SB 21-190; C.R.S. 6-1-1301 et seq.) and Attorney General rules (4 CCR 904-3, Part 9): profiling opt-out and data protection assessments”, Eminence Growth Solutions, last verified October 16, 2026, https://eminencegrowthsolutions.com/tools/eminence-scan/record/state-170/.

Using our research: you may read and quote Eminence Scan with credit to “Eminence Scan, Eminence Growth Solutions” and a link; all other rights reserved. Terms: Using our research.

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