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 “CPA Rules”), 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 filed on September 13, 2024, can be found here. The notice of rulemaking and statement of basis, authority and purpose can be found here.
Public input
The Colorado Department of Law will be accepting public input on the proposed draft CPA amendments from September 25, 2024 to November 7, 2024. Starting on September 25, 2024, you can click here to provide a public comment. Those comments submitted to the Department of Law can be found here.
Rulemaking hearing
The Department of Law will be holding a public rulemaking hearing on the proposed draft CPA amendments on November 7, 2024, which will continue as needed. The hearing will be conducted both in person and by video conference. All parties interested in attending the public hearing virtually must register through the registration link to receive the Zoom meeting link. While parties interested in attending the public hearing in person are not required to register, we do encourage advanced registration for planning purposes. Any party in attendance will be invited to provide oral comments even if not registered in advance.
For more information, please see the notice of rulemaking, available here.
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 “Request a Cost-Benefit Analysis” form, or email COPRRR directly. To request a CBA for the 2024 proposed draft amendments, please visit https://coprrr.colorado.gov/rulemaking-and-cost-benefit-analysis.