The CPA gives the Colorado Attorney General the authority to promulgate rules governing privacy, including, but not limited to, general rules for the purpose of carrying out the CPA, as well as rules governing a process of issuing opinion letters and interpretive guidance.
Pursuant to that authority, on March 15, 2023, the Department of Law filed the Colorado Privacy Act Rules, 4 CCR 904-3 (the âCPA Rulesâ), which were published on March 25, 2023 and went into effect on July 1, 2023.
On September 13, 2024, the Department of Law filed a set of proposed draft amendments to the CPA rules. The purposes of the proposed draft amendments to the CPA Rules are to create the process of issuing opinion letters and interpretive guidance contemplated by C.R.S. §6-1-1313(3), and to modify current language to be consistent with the CPA as amended by Senate Bill 24-041 and House Bill 24-1130.
The proposed draft amendments to the CPA Rules were filed on September 13, 2024, along with the notice of rulemaking and statement of basis, authority and purpose.
Public input
The Colorado Department of Law accepted public input on the proposed draft CPA amendments from September 25, 2024 to November 7, 2024. That public comment is now closed, but the comments submitted to the Department of Law are available for anyone to read.
Rulemaking hearing
The Department of Law held a public rulemaking hearing on the proposed draft CPA amendments on November 7, 2024. The hearing was conducted both in person and by video conference.
For more information, please see the notice of rulemaking.
The version of the proposed amendments to the CPA rules that was discussed at the CPA rulemaking hearing is still available.
Cost Benefit Analysis
Pursuant to section 24-4-103(2.5), C.R.S., anyone can request a cost-benefit analysis on proposed rules within five days of publication in the Colorado Register. There are two ways that a Cost-Benefit Analysis (CBA) can be requested. You can either complete the âRequest a Cost-Benefit Analysisâ form, or email COPRRR directly. You may also request a CBA for the 2024 proposed draft amendments.