( 3(b)). investigate, establish, exercise, prepare for, or defend a legal claim. However, the CTDPA provides that its requirements do not restrict a controller or processor's ability to detect, prevent, protect against, or respond to a security incident, identity theft, fraud, harassment, malicious or deceptive activity, or any illegal activity, or to investigate, report, or prosecute a person responsible for any of the aforementioned actions, as well as assist another controller, processor or third party with any of the obligations under the CTDPA (10-(a)-(9) and (11) of the CTDPA). Specifically, the CTDPA states that a "controller that has obtained personal data about a consumer from a source other than the consumer shall be deemed in compliance with a consumer's request to delete such data . any other matter the AG deems relevant for the purposes of such report (11-(b) of the CTDPA). the number of notices of violation the Attorney General has issued; the number of violations that were cured during the 60 cure period; and. The processing of personal data for the purposes of targeted advertising, The processing of personal data for the purposes of profiling, where such profiling presents a reasonably foreseeable risk to the consumer, GLBA financial institutions and data, and registered national securities associations, Institutions of higher education and FERPA data, Covered entities and business associates under HIPAA, Any body or political subdivision of the state, Data maintained for employment records purposes, Data used by air carriers under the Airline Deregulation Act, Data subject to Drivers Privacy Protection Act. The still relatively new safe harbor incentive system may be further . This regular focus is particularly critical as state regulations get updated, contracts with customers and partners change, and cybersecurity frameworks evolve. This is especially important since Connecticut reduced the amount of time businesses have to issue an incident notification from 90 days to 60 days. For example, the gross revenue amount required by the CTDPA is smaller than that in Virginia and Utah which require at least 50 percent of gross revenue to be from the sale of personal data, but greater than in Colorado which does not have a threshold amount at all. It also defines certain limitations around when companies may reject consumer requests to opt out of data sales, targeted advertising, and profiling. Ongoing management activities typically cover establishing a centralized dashboard where all reporting, monitoring, and response plans can live and making that dashboard accessible to all stakeholders to promote visibility and alignment with future policy changes. On June 10, Connecticut Governor M. Jodi Rell signed into law a bill to safeguard Social Security numbers and other personal information. The materials herein are for informational purposes only and do not constitute legal advice. protected health information under HIPAA; patient identifying information for purposes of, identifiable private information for purposes of the federal policy for the protection of human subjects under under the, identifiable private information or personal data collected as part of human subjects research pursuant to the. Some of the features on CT.gov will not function properly with out javascript enabled. The processor shall provide a report of such assessment to the controller upon request. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. First is Connecticuts offer of safe harbor protection from punitive damages for any business that creates, maintains, and complies with a written cybersecurity program that meets certain standards. A big part of this response in Connecticut is being able to quickly investigate what happened and who was involved to be able to issue the proper and complete notification within the 60 day window. the ftc has issued guidelines espousing the principle of transparency, recommending that businesses: (i) provide clearer, shorter, and more standardised privacy notices that enable consumers to better comprehend privacy practices; (ii) provide reasonable access to the consumer data they maintain that is proportionate to the sensitivity of the They do not reflect the views of Reuters News, which, under the Trust Principles, is committed to integrity, independence, and freedom from bias. As of October 1, 2021, this requirement extends to breaches involving Taxpayer Identification Numbers. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. The Connecticut Act makes the state one of a modest number of states adopting general data protection laws analogous to California's AB 1950. Connecticut Unfair Trade Practices Act (CUTPA). Next, they should include outlining incident response plans based on those requirements and revisiting those requirements to stay up to date on changes. Connecticuts Act Incentivizing the Adoption of Cybersecurity Standards for Businesses covers enforcement for the states data breach laws. The response phase centers around an organizations ability to actually put their plans in motion when an incident does occur. Specifically, to be subject to the law, an entity must (1) conduct business in Connecticut or produce products or services targeted to Connecticut residents; and (2) annually process or control the personal data of either (a) at least 100,000 Connecticut residents; or (b) at least 25,000 Connecticut residents, but where the controller derives . The CTDPA does not expressly provide for record-keeping requirements. In the case of processing personal data concerning a known child, the parent or legal guardian of the known child will have the authority to exercise a right on the child's behalf (4-(b) of the CTDPA). Gov. If the investigation does indicate the breach could result in harm to the affected Connecticut residents, then organizations must issue a notification based on the following requirements: Organizations that experience a breach involving personal information of Connecticut residents need to issue a notification about the incident to any affected residents as well as the State Attorney General. The CTDPA does not explicitly address data retention. You will receive a confirmation email that your notice was successfully submitted along with a summation of your filing. Connecticut has joined the handful of US states and countries worldwide introducing comprehensive data breach legislation. All case numbers begin with PR followed by seven digits (e.g. Westlaw Today is owned by Thomson Reuters and operates independently of Reuters News. This language mirrors the language in Virginia's privacy statute. Examples of common incidents that would require a business to issue a data breach notification under the new laws include any of the following breaches that compromise personal information as newly defined by the state and create potential risk to consumers as a result: Given the safe harbor protection that Connecticuts new Act Incentivizing the Adoption of Cybersecurity Standards for Businesses offers for organizations that meet certain requirements, no business can afford not to be prepared. The CTDPA establishes rights including a right to access, deletion, as well as portability for consumers, and provides the right to opt-out of targeted advertising, sale of personal data, and automated profiling. Although the CTDPA grants these rights, it maintains a similar "business-friendly" nature to the Virginia and Utah laws - which stands in contrast to many other global privacy laws. Contrary to most privacy laws to date, which encourage compliance by issuing fines for breaches, Connecticuts law encourages compliance by protecting organizations from punitive damages if they meet certain cybersecurity standards. Further a controller must notify the consumer if it decides not to honor the request and the reasons for not taking actions. Specifically, if organizations create, maintain, and comply with a written cybersecurity program that contains administrative, technical, and physical safeguards for the protection of personal or restricted information, then they are protected against punitive damages in the case of a data breach (except in cases of gross negligence or willful misconduct). See here for a complete list of exchanges and delays. The controller must also include instructions surrounding how to appeal the decision. 21-59. In particular, SB 6 would cover entities that collect data on more than 65,000 consumers or those making 25% of their revenue from selling the data on more than 25,000 consumers. A consumer has the right to correct inaccuracies in their personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data (4-(a)-(2) of the CTDPA). Save and organize information most relevant to you, Share your research and collaborate with other DataGuidance users, Get alerts based on your topics of interest, Understanding the New CPRA Draft Regulations & the ADPPA, UK: Overview of the Data Protection and Digital Information Bill, International: China's draft Standard Contract for cross-border data transfers - Implications and comparison against EU SCCs, Russia: Amendments to the Law on Personal Data - strengthening privacy compliance, Senate Bill ('SB') 6 for An Act Concerning Personal Data Privacy and Online Monitoring, Health Insurance Portability and Accountability Act of 1996, 42-290dd-2 of Article 6a of Titleof the U.S Code, Protection of Human Subjects of Subpart A of Part 46 of Subchapter A of Subtitle A of Title 42 of the Code of Federal Regulation, International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use, Children's Online Privacy Protection Act of 1998, General Administrative Requirements of Subpart A, Part 160, Subchapter C, Subtitle A of Title 45 of the Code of Federal Regulations, 52-146t of Chapter 899 of Title 52 of the Connecticut General Statutes, 36a-701b of Chapter 669 of Title 36a of the Connecticut General Statutes, China: CAC issues statement on investigating and sanctioning apps, France: Decree on processing whistleblowing reports published in Official Gazette, Ireland: Minister signs into law Protected Disclosures (Amendment) Act 2022, Netherlands: Council of State advises on latest amendments to whistleblowing bill, California: Governor approves bill on vehicle identification and registration through alternative devices. The law will be in effect from July 1, 2023. Personal data is broadly defined (as it is in other data protection laws) to include any information that is, or reasonably could be, linked to an identified or identifiable individual. If there are any follow-up questions or concerns, a staff member with the Office of the Attorney Generals Privacy and Data Security Section will contact you. He can be reached at jmann@stroock.com. Additionally, notice to the Office of the Attorney General must be provided no later than when residents are notified. Additionally, unlike California's Consumer Privacy Act (CCPA) and Privacy Rights Act (CPRA), the CTDPA does not have an independent overriding revenue threshold, and thus, even large revenue generating companies will not be subject to the regulations absent satisfying the minimum consumer requirements (CCPA 1798.140(c)(1); CPRA 14(d))). font size. This type of proactive preparation can not only help organizations achieve safe harbor protection in the case of a breach, but it can also help them jump into response mode quickly to meet the states shortened time frame for incident notifications. Controllers are required to ensure they operate from common privacy principles: Controllers are also required to make disclosures to consumers surrounding but not limited to: Further, controllers are prohibited from processing sensitive data collected from the consumer without obtaining the consumers consent. an active electronic mail address or other online mechanism that the consumer may use to contact the controller. This definition is similar to the Colorado Privacy Act (CPA) as well as California's CCPA and CPRA, but it is broader than the Utah Consumer Privacy Act (UCPA) and the Virginia Consumer Data Protection Act (VCDPA) which do not include "valuable consideration" as part of the definition of sale of personal data. This preparation should start by assigning responsibility for cybersecurity within the organization. The expanded definition of personal information in Connecticuts Act Concerning Data Privacy Breaches leads to more potential incidents that can trigger the need to issue a notification. opting the consumer out of the processing of such personal data for any purpose except for those exempted pursuant to the provisions of CTDPA. Conducting and documenting a data protection assessment for each processing activity that presents a "heightened risk of harm to a consumer." Like other state data protection laws, the CTDPA provides consumers certain rights regarding personal data that covered entities have collected and used, including: Connecticut's data privacy law also extends this requirement to children under 16. Together, these factors make Connecticuts privacy and cybersecurity legislation among the most business-friendly worldwide. The controller bears the burden of demonstrating the manifestly unfounded, excessive, or repetitive nature of the request (4-(c)-(3) of the CTDPA). Data Protection Assessments. The Connecticut Data Privacy Act does not apply to: As you can see, there is both a data and entity specific exemption for GLBA covered entities which differs from the CCPA. Take the risk out of your breach response. By Jan. 1, 2025, the CTDPA expands the opt-out requirements by mandating that Controllers enable Consumers to opt out "through an opt-out preference signal" which "indicat[es] such consumer's intent to opt out of any such processing or sale." Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation. ( 4(4)). The CTDPA does not expressly provide for data processing notification requirements. The CTDPA's provisions regarding the right to opt-out are broad. The CTDPA grants the AG with the exclusive authority to enforce its provisions (11-(a) of the CTDPA). The CTDPA has many similarities to certain of the existing state privacy laws. Connecticut Data Protection Law Report this post Adzapier Adzapier Published Jun 15, 2022 + Follow For most people in the Western world today, our learning, work, socialization, and general day-to . Readiness activities should start with reviewing state requirements as well as those in the cybersecurity framework the organization will follow plus any customer and partner contracts. Jeff Mann is a partner in Stroock & Stroock & Lavan's Intellectual Property and Technology Group and a Certified Information Privacy Professional (CIPP/US). The Biggest InfoSec Stories of 2018. The Virginia privacy statute has no such exception. The scope, or applicability, for the new Connecticut privacy law includes businesses operating in the state and either maintaining 100,000 consumers' personal information per year or 25,000 consumers' information with 25% of gross revenue from the sale of personal information. Risk Management. conduct internal research to develop, improve or repair products, services, or technology; identify and repair technical errors that impair existing or intended functionality. Who should I contact with questions or feedback about this form? the size and complexity of the controller or processor; the nature and extent of the controller or processor's processing activities; the substantial likelihood of injury to the public; whether such alleged violation was likely caused by human or technical error. The GLBA requires certain agencies and regulators to issue regulations ensuring that financial institutions protect the privacy of consumers' personal information by developing and giving notice of their privacy policies to their customers at least annually, before disclosing any consumer's personal financial information to an unaffiliated party. Services body, authority, board, bureau, commission, district or agency of this state or of any political subdivision of the state; national securities association that is registered under the, financial institution or data subject under the, covered entity or business associate under the. The Connecticut Privacy Act further outlines where a controller may be capable of charging a reasonable fee. On April 28, 2022, the Connecticut General Assembly passed SB 6, " An Act Concerning. Need help with an incident response strategy? He advises clients on data privacy, cybersecurity and technology matters, including data licensing, cloud services and outsourcing issues. The law governs those who during the preceding calendar year controlled or processed the personal data of (1) at least 100,000 consumers, excluding personal data used solely for the purpose of . July 1, 2022 - In May, the State of Connecticut enacted the Personal Data Privacy and Online Monitoring Act (the "CTDPA") which includes a broad array of privacy regulations that will go into effect on July 1, 2023. On May 10, 2022, Connecticut became the fifth state in the United States to put privacy legislation into law when the governor signed the Connecticut Data Privacy Act (CTDPA). Not process personal data in violation of the laws of Connecticut and federal laws that prohibit unlawful discrimination against consumers. The Analyst Team work closely with clients to direct their research for theproduction oftopic-specific Charts. Be on the lookout for our Q3 Newsletter! Completing and submitting this online form is the Offices preferred method for receiving notice about a data breach. The consumer has the right to confirm whether a controller is processing the consumers personal data and to access the personal data. Ned Lamont, D-Conn, signed the Connecticut Data Privacy Act into law on May 10, 2022 making Connecticut the 5th state after California, Virginia, Colorado and Utah to enact a comprehensive consumer privacy act. Join our community for free to access exclusive whitepapers, reports, and regulatory information. The law expands the definition of personal information from a 2005 state law to include (1) a username or email address in combination with a password or security question that would grant access to the account and (2) a persons first name or first initial and last name in combination with one or more of the following: Additionally, the law creates an exception for organizations in compliance with the Health Insurance Portability and Accountability Act (HIPAA) or the Health Information Technology for Economic and Clinical Health Act (HITECH). in the course of an individual applying to, employed by or acting as an agent or independent contractor of a controller, processor, or third party, to the extent that the data is collected and used within the context of that role; as the emergency contact information of an individual under 1 to 11 of the CTDPA used for emergency contact purposes; or. Ayanna Thompson, a summer associate at Stroock & Stroock & Lavan LLP, assisted in the preparation of this article. On March 7, 2022, the ICO published the latest chapter of its ongoing guidance on operational and organizational requirements for data protection law-compliant data anonymization (including personal data). Pursuant toConnecticut General Statutes 36a-701b(g), failure to provide such notice shall constitute a violation of theConnecticut Unfair Trade Practices Act (CUTPA). (1-(18) of the CTDPA). Connecticut moved one step closer to becoming the fifth state in the U.S. to pass a privacy law after the Connecticut General Assembly advanced a bill on Thursday that would offer residents baseline privacy rights. Response activities should include gaining visibility into what happened (who was affected, when it happened, and what the risks are), issuing a breach notification with the complete information and to the proper people based on company protocols and state requirements, and jumping into remediation mode to fix the issue. The AG has the exclusive authority to enforce the CTDPA (11-(a) of the CTDPA). Organizations cybersecurity program must be based on one of the following industry-recognized frameworks to qualify for this safe harbor protection: Any organization subject to Payment Card Industry Data Security Standards (PCI-DSS) must comply with one of the frameworks listed above as well as the current version of PCI-DSS to qualify for the protection. The Connecticut Law will apply to any business that operates in or commercially targets Connecticut residents and that meets one of the following thresholds in the preceding 12 months: (1) controls or processes the personal data of 100,000 or more Connecticut consumers; or (2) controls or processes the personal data of 25,000 or more . Please send an email to ag.breach@ct.gov to provide your update and include the reporting entitys name and your case number in the subject line. Under the CTDPA, the Controller must provide a "clear and conspicuous" link on the Controller's website to a webpage that enables a Consumer to opt out of targeted advertising or the sale of personal data. (CTDPA 4(a); VCDPA 59.1-573(A)(5); CPA 6-1-1306). The substitute notice should include all of the following: Finally, any information organizations provide in response to an investigation connected to a data breach will be exempt from public disclosure under Connecticuts Freedom of Information law. ( 9). ( 6(c)). You're all set to get top regulatory news updates sent directly to your inbox, You will receive an activation email shortly with verification instructions, This site is protected by reCAPTCHA and the Google. Assemb., Reg. In these cases, they also can not send the notification to the email address involved in the breach unless they can reasonably verify the correct person received the notice. See Public Act No. The Gramm-Leach-Bliley Act of 2002, Pub.L 106-102 ("GLBA"), is a federal law that, among other things, regulates the collection, use, disclosure and security of "nonpublic personal information" ("NPI") collected by financial institutions. Various other US states California, Colorado, Utah, and Virginia each have consumer data privacy acts that vary slightly. If the controller fails to cure a violation within 60 days of receipt of the notice of violation, the AG may initiate an enforcement action. However, consumer does not include an individual acting in a commercial or employment context or as an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, nonprofit or government agency whose communications or transactions with the controller occur solely within the context of that individual's role with the company, partnership, sole proprietorship, nonprofit or government agency (1-(7) of the CTDPA). Considering the controllers business size, scope, and type, a controller shall use data security practices that are appropriate for the volume and nature of the personal data at issue. comments on data breach notice form, data breach question, etc.) Connecticut's privacy law provides Consumer Access Rights including: The consumer has the right to confirm whether a controller is processing the consumer's personal data and to access the personal data The consumer has the right to obtain a copy of the personal data that the consumer previously provided to the controller;
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