The industry leader for online information for tax, accounting and finance professionals. Note that any person includes companies. ( 6). 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. is created or received by a health care provider, health plan, employer, or health care clearinghouse; and, relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual; and. But Connecticuts newest laws have a slightly different focus than other regulations weve seen to date. Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. 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. Similar to other privacy regulations, the CTDPA requires that the Controller must provide Consumers with a "reasonably accessible, clear and meaningful privacy notice" which includes, the categories of personal data processed, the purposes of processing it, how Consumers may exercise their rights, categories of personal data that the controller shares with third parties, and the categories of third parties. The right to update or correct inaccuracies, Adhering to the controllers instructions; and, Implementing appropriate security controls; and, Assisting the controller in meeting their obligations. The controller bears the burden of demonstrating the manifestly unfounded, excessive, or repetitive nature of the request (4-(c)-(3) of the CTDPA). The CDPA contains similar triggering thresholds as previously enacted state privacy laws and applies to (i) any person that conducts business in the state of Connecticut or produces products or services targeted to Connecticut residents and (ii) during the preceding calendar year, controls or processes the personal data of (a) not less than . Processors must also provide necessary information to enable the controller to conduct and document data protection assessments. with the enactment of the law, the state of connecticut has become the fifth state within the u.s. to pass data privacy legislation geared at protecting and safeguarding the various forms of personally identifiable information that residents of the state disclose when browsing the internet, making purchases, and using public services, among other Monday, June 28, 2021. ( 8). The Connecticut CTDPA provides certain rights to Connecticut residents, or "Consumers," which largely track those in the Virginia and Colorado laws with some notable differences. In addition, controller mustnot process the personal data of a consumer for purposes of targeted advertising, or sell the consumer's personal data without the consumer's consent, under circumstances where a controller has actual knowledge, and wilfully disregards, that the consumer is at least 13 years of age but younger than 16 years of age (6-(7) of the CTDPA). Not process the personal data of a Connecticut resident for purposes of targeted advertising, or sell the consumer's personal data without the consumer's consent. Sess. 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. 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 . TheConnecticut State Governor signed, on 10 May 2022,Senate Bill ('SB') 6 for An Act Concerning Personal Data Privacy and Online Monitoring('CTDPA'), making Connecticut the fifth US State to enact a comprehensive privacy legislation. Friday Five 7/8. copy of personal data and to opt out of the processing of personal data for certain purposes (e.g., targeted advertising); 3. requires controllers to conduct data protection assessments; 4. authorizes the attorney general to bring an action to enforce the bill's requirements; and 5. deems violations to be Connecticut Unfair Trade Practices Act 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. that is necessary to retain to administer benefits for another individual relating to the individual who is the subject of the information under 3-(b)-(1) of the CTDPA and used for the purposes of administering such benefit. Similar to the Virginia and Colorado statutes, in Connecticut a Consumer can opt-out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or "profiling in furtherance of solely automated decisions that produce legally or significant effects concerning the consumer." The CTDPA does not expressly provide for requirements for cross border data transfer. 6 Game-Changing Trends Impacting Incident Reporting, U.S. Cyber Incident Reporting for Critical Infrastructure Act, How to Get the Privacy Tools Your Team Needs, How to Survive a Data Breach (and Avoid Litigation), most state attorney generals partake in a multi-state settlement, Connecticuts Data Privacy Act Joins the Growing Ranks of US Privacy Laws, BreachRx Recognized With Two Independent Awards in October, Utahs Consumer Privacy Act Brings More Comprehensive Privacy Legislation to the US, 6 Game-Changing Trends Impacting Incident Reporting and How to Keep Up, Revelstoke Teams Up with BreachRx Offering Users Automated Incident Response and Compliance Solutions, Financial account number in combination with any required security code, access code, or password that would grant access, Passport number, military identification number, or other government identification numbers commonly used to verify identity, Taxpayer identification number or identity protection personal identification number issued by the Internal Revenue Service, Information regarding an individuals medical history, mental or physical condition, or medical treatment or diagnosis by a healthcare professional, Health insurance policy number or subscriber identification number, or any unique identifier used by a health insurer to identify the individual, Biometric information used to authenticate or determine identity, such as a fingerprint, voice print, retina, or iris image, Framework for Improving Critical Infrastructure Cybersecurity from the National Institute for Standards and Technology, Federal Risk and Authorization Management Program (FedRAMP) Security Assessment Framework, Federal Information Security Modernization Act, Reducing the notification deadline from 90 days to 60 days, Eliminating an extension to the notification deadline for ongoing investigations, Name and contact information of the person at the organization reporting the breach, Name and address of the organization and indication about the type of business, General description of the breach, including the date(s) of the breach, when it was discovered, and any remedial steps taken in response, A detailed list of the categories of personal information affected, The number of Connecticut residents affected by the breach, The date(s) the notification was or will be sent to affected Connecticut residents, A template copy of the notification sent to affected Connecticut residents, Whether credit monitoring or identity theft protection services has been or will be offered to affected Connecticut residents, as well as a description and length of such services, Whether the notification was delayed due to a law enforcement investigation (if applicable), Email notice to affected residents if the organization has the appropriate contact information, Conspicuous posting on the company website if the organization has one, Notice to major statewide media, including newspapers, radio, and television. ( 1(8), (21). Under the Connecticut Consumer Privacy Act, the consumer has specific rights that are clearly defined. ( 12). Purpose limitation: Controllers shall not process personal data for purposes that are neither reasonably necessary to, nor compatible with, the disclosed purposes for which such personal data is processed, as disclosed to the consumer, unless the controller obtains the consumer's consent. Similar to many of the other state privacy statutes that preceded the CTDPA as well as certain other regulations across the globe such as the GDPR (General Data Protection Regulation) in Europe, Connecticut employs the concept of a "Controller" to refer to an entity or individual determining the purpose and means of data processing and a "Processor" for the entity or individual that processes personal data on behalf of the Controller. On May 10, 2022, Connecticut became the fifth state to pass a comprehensive privacy law, adding to the patchwork of such laws. All case numbers begin with PR followed by seven digits (e.g. In June and July 2021, Connecticut signed into law two bills that focus on privacy and cybersecurity. Senate Bill 6, or "An Act Concerning Personal Data Privacy and Online Monitoring" ( CTDPA) goes into effect July 1, 2023. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. CTDPA is drawn heavily from the Colorado's CPA and Virginia's CDPA. . Beginning January 2025, the Attorney General may bring an action without providing an opportunity to cure. What should I do if I have previously submitted a data breach notification form and wish to update, amend or supplement my submission? We help by identifying, mitigating and managing this risk across your entire data management lifecycle. The NLR does not wish, nor does it intend, to . Opinions expressed are those of the author. The Commissioner of Energy and Environmental Protection has provided notice to the Attorney General of an abnormal market disruption regarding the wholesale price of motor gasoline or gasohol. Connecticuts law grants the attorney general exclusive enforcement authority. The CTDPA also mandates that by Sept. 1, 2022, the General Assembly will convene a task force to study available ways to "verify the age of a child who creates a social media account." instructions for processing personal data; the nature and purpose of the processing; the rights and obligations of both parties; requirethe processor to ensure each person processing personal data is subject to a duty of confidentiality with respect to the personal data; at the controller's direction, requirethe processor to delete or return all personal data to the controller as requested at the end of the provision of services, unless retention of the personal data is required by law; provide that, upon the reasonable request of the controller, the processor must make available to the controller all information in its possession necessary to demonstrate the processor's compliance with the obligations of the CTDPA; establish that, after providing the controller an opportunity to object, the processor may engage any subcontractor pursuant to a written contract that requires the subcontractor to meet the obligations of the processor with respect to the personal data; and. 'Biometric data' does not however include (1-(3)-(a), (b) and (c) of the CTDPA): Pseudonymisation:The CTDPA does not define 'pseudonymisation' but instead defines 'pseudonymous data' as personal data that cannot be attributed to a specific individual without the use of additional information, provided such additional information is kept separately and is subject to appropriate technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable individual (1-(24) of the CTDPA). Who should I contact with questions or feedback about this form? Connecticuts Act Concerning Data Privacy Breaches includes detailed guidelines for how organizations need to respond when an incident occurs. Controlled or processed the personal data of not less than 100,000 consumers (this doesnt include personal data controlled or processed solely for the purpose of completing a payment transaction). Below is a quick breakdown of what is now the fifith comprehensive state data privacy law in the United States. There is not a private right of action. For example, under the CTDPA, the Consumer has the right to confirm whether a Controller is processing the Consumer's personal data and access such personal data. information sharing among health care providers and social care providers and make recommendations to eliminate health disparities and inequities across sectors; algorithmic decision-making and make recommendations concerning the proper use of data to reduce bias in such decision-making; possible legislation that would require an operator, as defined in the. For larger breaches, most state attorney generals partake in a multi-state settlement that ranges from tens of millions to hundreds of millions of dollars. Pursuant to, Connecticut General Statutes 36a-701b(g), , failure to provide such notice shall constitute a violation of the. (CTDPA 4(a); VCDPA 59.1-573(A)(5); CPA 6-1-1306). If you experienced more than one breach, please submit a separate data breach notice for each. Monday, May 2, 2022 Connecticut is gearing up to be the next state with a comprehensive privacy law. In addition, if a controller declines to take action regarding the consumer's request, the controller shall inform the consumer without undue delay, but not later than 45 days after receipt of the request, of the justification for declining to take action and instructions for how to appeal the decision (4-(c)-(2) of the CTDPA). Importantly, if organizations lead a full investigation and determine there is no risk of harm for the consumers whose data was acquired or accessed, then they do not need to issue a notification. The CTDPA grants the AG with the exclusive authority to enforce its provisions (11-(a) of the CTDPA). Connecticuts new pair of privacy laws make proactive preparation for incident response even more important than ever for organizations that maintain data on state residents. The second, An Act Incentivizing the Adoption of Cybersecurity Standards for Businesses, provides protection against punitive damages related to a data breach for organizations that maintain a documented cybersecurity program based on industry standards. Need help with an incident response strategy? Among the many nuances that distinguish the pair of Connecticut laws, two of the most notable are the fact that neither law gives consumers specific rights (such as the rights to access, correct, delete, and opt out) and that they provide safe harbor protection for compliant businesses. Brazil's Data Protection Act Bumped to 2021 By COVID-19. The law imposes a civil penalty of up to $500,000 on violators. She can be reached at gkeller@stroock.com. Note that any person includes companies. As a result, any organization that collects and processes data on Connecticut residents must pay close attention to the new types of data covered by this law. Next, they should include outlining incident response plans based on those requirements and revisiting those requirements to stay up to date on changes. There are also groups or organizations that are not covered by the CTDPA, including government bodies, nonprofit organizations and higher education institutions. However, the attorney general does have the authority to share this information with third parties as needed throughout the investigation. Start your free trial to access unlimited articles, resources, guidance notes, and workspaces. Privacy Moreover, personal data must notbe processed in violation of the laws of Connecticut and US federal laws that prohibit unlawful discrimination against consumers (6-(a)-(5) of the CTDPA). 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). to provide your update and include the reporting entitys name and your case number in the subject line. You will receive a subsequent e-mail providing a case number for reference in any future communications regarding the breach, including if you need to update, amend, or supplement your submission. investigate, establish, exercise, prepare for, or defend a legal claim. PR1234567). | Resources by Data Sentinel Information provided in response to a consumer request must be provided by a controller, free of charge, once per consumer during any 12- month period (4-(c)-(3) of the CTDPA). Importantly, nothing in the CTDPA must be construed to prevent a controller or processor from providing personal data concerning a consumer to a person covered by an evidentiary privilege under Connecticut law as part of a privileged communication (10- (e) of the CTDPA). The new law penalizes any individual or business that intentionally fails to protect personal information. Oddly, the last-minute proposal (after other proposals in the House and Senate) were found in a 122-page budget bill and ended up being stripped away. In June and July 2021, Connecticut signed into law two bills that focus on privacy and cybersecurity. comments on data breach notice form, data breach question, etc.) 21-59. 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. The organization can issue a substitute notice if issuing the notification would exceed $250,000, if the incident affected more than 500,000 Connecticut residents, or if the organization doesnt have sufficient contact information for affected individuals. The Virginia privacy statute has no such exception. Connecticut has joined California, Colorado, Utah, and Virginia in passing a comprehensive new data privacy law that establishes responsibilities for Connecticut has joined California, Colorado, Utah and Virginia in passing a comprehensive new data privacy law, which will take effect on July 1, 2023. The Office of the Attorney General now has a simple, fillable online form to submit a breach notification, located here. Controllers must conduct and document a data protection assessment for each of the controllers processing activities that presents a heightened risk of harm to a consumer. By David Kitchen (US) and Alexis Wilpon (US) on October 4, 2021 Posted in Cybersecurity, Data breach Effective October 1, 2021, an amendment [1] to the Connecticut General Statute concerning data privacy breaches, Section 36a-701b, will impact notification obligations in several significant ways. However, the CTDPA states that nothing within shall be construed to (10-(e) of the CTDPA): Additionally, the CTDPA provides that its requirements do not restrict a controller or processor's ability to take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or of another individual, and the processing cannot be manifestly based on another legal basis (10-(a)-(8) of the CTDPA). While businesses consider how to comply with Connecticut's new data privacy law, they should also take into account some of the data protection laws already in effect in the state. The CTDPA defines 'consent' as an affirmative act signifying a consumer's freely given, specific, informed and unambiguous agreement to allow the processing of personal data relating to the consumer (1-(6) of the CTDPA). Controlled or processed the personal data of not less than 25,000 consumers and derived more than 25% of their gross revenue from the sale of personal data. Additionally, the new laws represent changes to what was already in place (for example by expanding the definition of personal information and shortening the incident response timeline), and those changes certainly wont be the last. There are also specific processor obligations, including: A binding contract must be in place between a controller and a processor that includes instructions for processing data, the nature and purpose of processing, the type of data subject to processing, the duration of the processing, and the rights and obligations of both parties. 15-142, An Act Improving Data Security and Agency Effectiveness, that amends and updates the state's data breach notification law and imposes certain data security requirements on health insurers and state contractors. Please note that if a controller processes personal data pursuant to an exemption in 10 of the CTDPA, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements in (10-(f) of the CTDPA (10-(g) of the CTDPA). (CTDPA 6; VCDPA 59.1-574(5); CPA 6-1-1308)(7)). If an extension is exercised, the controller must notify the consumer of the extension, the length of the extension, and the reason for the extension. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. Discover what topics are trending at the moment. This Guidance Note provides an overview of the CTDPA. upon taking effect on july 1, 2023, the law, also known as the connecticut data privacy act ("ctdpa"), will apply to individuals and entities that (1) conduct business in connecticut, or produce products or services that are targeted to connecticut residents; and (2) during the preceding calendar year, either (a) controlled or processed the Connecticut may have been one of the smallest of the 13 original colonies, but its size belies its impact on the Revolutionary War. Further a controller must notify the consumer if it decides not to honor the request and the reasons for not taking actions. owns, licenses or maintains computerized data that includes personal information is required to disclose a security breach to state residents whose personal information is believed to have been compromised. Meeting this goal requires implementing practices based on the program and regularly revisiting it as security standards change. If requests from a consumer are manifestly unfounded, excessive, or repetitive, the controller may charge the consumer a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request (4-(c)-(3) of the CTDPA). conduct internal research to develop, improve or repair products, services, or technology; identify and repair technical errors that impair existing or intended functionality. Connecticuts Act Incentivizing the Adoption of Cybersecurity Standards for Businesses covers enforcement for the states data breach laws. Please include a relevant subject line (e.g. Personal data: Information that is linked or reasonably linkable to an identified individual or an identifiable individual, and does not include deidentified data, aggregated data, or publicly available information (1-(18) of the CTDPA). Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. 2016 CT.gov | Connecticut's Official State Website, regular While the federal government attempts to move forward with a more uniform national law, Connecticut joined California, Colorado, Utah, and Virginia in passing a comprehensive consumer privacy law.. The CTDPA does not explicitly address data retention. The law also draws from Virginia and Colorado's statutes, with few departures. A violation of the CTDPA constitutes an unfair trade practice and will be enforced by the Attorney General. Take the risk out of your breach response. The CTDPA also exempts 16 types of information and data, including, for example, protected health information under HIPAA (Health Insurance Portability and Accountability Act). In addition, a third-party controller or processor receiving personal data from a controller or processor in compliance with CTDPA is likewise not in violation of said sections for the transgressions of the controller or processor from which such third-party controller or processor receives such personal data (10-(d) of the CTDPA). 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 . Please reach out if you have any questions about the CTDPA or any other state data privacy regulations at connect@compliancepoint.com. It could be because it is not supported, or that JavaScript is intentionally disabled. He advises clients on data privacy, cybersecurity and technology matters, including data licensing, cloud services and outsourcing issues. 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