The technical storage or access that is used exclusively for anonymous statistical purposes. If you experienced more than one breach, please submit a separate data breach notice for each. Processors must also provide necessary information to enable the controller to conduct and document data protection assessments. The CTDPA grants the AG with the exclusive authority to enforce its provisions (11-(a) of the CTDPA). The CTDPA provides that its requirements do not restrict a controller or processor's ability to process personal data for reasons of public interest in the area of public health, community health, or population health, but solely to the extent that such processing is (10-(a)-(12) of the CTDPA): The CTDPA does not expressly provide that personal data can be processed based on the legitimate interest of the data controller. 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). He can be reached at jmann@stroock.com. The law is applicable when: Personal data of 100,000 or more consumers are controlled or processed during the preceding calendar year; or, 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 However, the protection is slightly more narrow than that provided by Virginia because the CTDPA creates an exception to providing such information if it would require the Controller to reveal a trade secret. Connecticut poised to be fifth state with comprehensive privacy law A controller must conduct and document a data protection assessment for each of the controller's processing activities that presents a heightened risk of harm to a consumer. 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). 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 . with respect to which there is a reasonable basis to believe the information can be used to identify the individual. While the CTDPA contains many similarities to the existing four U.S. state privacy statutes, it also possesses its own unique differences, thus adding to the growing patchwork of state privacy laws that has been forming absent a federal rule. All case numbers begin with PR followed by seven digits (e.g. On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effectthe latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for businesses that implement cybersecurity measures. As requirements continue to change, keeping a proactive stance will be essential to remaining compliant. Connecticut's Data Privacy Law By Nicole E. Cloyd on 6.13.2022 The new Connecticut data privacy lawinconveniently titled "An Act Concerning Personal Data Privacy and Online Monitoring" (hereinafter referred to as "CPDPA") was signed into law on Tuesday, May 10, 2022 and will have an effective date of July 1, 2023. Connecticut Data Protection Law Of course this is not a one-time exercise, as Connecticut requires organizations to not just create, but also maintain and comply with that program over time. Connecticut Data Privacy Act: Controllers and Processors, Assessments Gov. Connecticuts data breach laws break the mold by combining safe harbor protections with minimum cybersecurity measures for many organizations. Pursuant toConnecticut General Statutes 36a-701b,any person who 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. This means the law applies to any organization that might collect or process data on Connecticut residents, regardless of where the company itself is located. 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). ( 12). The mechanism used for consumers to revoke consent must be at least as easy as the mechanism by which the consumer provided consent. '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). The controller must factor into any such DPIA the use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed (8-(b) of the CTDPA). comply with a federal, state, or local law, rule, or regulation; comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, local, or other governmental entity; cooperate with a law enforcement agency concerning activity that the controller or processor reasonably and in good faith believes may violate federal, state, or local laws, rules, or regulations; or. CompliancePoint solves for risk associated with sensitive information across a variety of industries. Privacy The CTDPA is applicable to individuals who conduct business in Connecticut or "produce products or services that are targeted to residents [of Connecticut]." The CTDPA applies to the personal data of individuals, which is defined as any information that is linked or reasonably linkable to an identified individual or an identifiable individual and excludes de-identified data or publicly available. SeeConn. Gen. Stat. Additionally, a Consumer has the right to correct inaccuracies and request the deletion of personal data. On June 10, Connecticut Governor M. Jodi Rell signed into law a bill to safeguard Social Security numbers and other personal information. 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 does not expressly provide for requirements for cross border data transfer. ( 9). The Act requires controllers to conduct data protection assessments of processing that "presents a heightened risk of harm," including processing for targeted advertising; sales; processing for profiling when such profiling presents a reasonably foreseeable risk of unfair treatment, injury, intrusion into private . Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. 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). 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. This blog post is a bonus supplement to our quarterly Artificial Intelligence and Biometric Privacy Quarterly Review Newsletter. As of October 1, 2021, this requirement extends to breaches involving Taxpayer Identification Numbers. If organizations identify additional Connecticut residents affected by the incident after the 60 days, they must notify them as expediently as possible. The one exception to this timing is a delay in the case of an ongoing law enforcement investigation. Under the Connecticut Consumer Privacy Act, the consumer has specific rights that are clearly defined. Connecticut's Brand New Data Breach Laws: A Fresh Approach 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. 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. Notice to consumers must be made without unreasonable delay, and as of October 1, 2021, no later than sixty(60) days from discovery of the breach. Similar to the CPA and VCDPA, SB 6 includes two obligations relating to data minimization and secondary use: the first prohibiting the processing of personal data beyond what is adequate, relevant, and reasonably necessary in relation to the purposes disclosed to the consumer; and second, a prohibition on processing personal data for purposes . (S.B. by (A) retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring the consumer . 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 . The Virginia privacy statute has no such exception. Still, variations, particularly in its applicability, opt-out provisions, and consumer rights will necessitate close scrutiny of the law to ensure compliance. 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. The CTDPA's provisions regarding the right to opt-out are broad. 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. 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. Connecticut: Bill for personal data privacy and online monitoring Act The controller must also include instructions surrounding how to appeal the decision. 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 produces a product or service that is targeted to consumers who are residents of the state; any controller or processor who satisfies one or more of the following thresholds: processed the personal data of at least 100,000 consumers excluding personal data controlled or processed solely for the purpose of completing a payment transaction; or. 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. 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. Further a controller must notify the consumer if it decides not to honor the request and the reasons for not taking actions. The controller may extend the response period by 45 additional days when reasonably necessary, considering the complexity and number of the consumer's requests, provided the controller informs the consumer of any such extension within the initial 45-day response period and of the reason for the extension (4-(c)-(1) of the CTDPA). The law will be in effect from July 1, 2023. 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 provides that its requirements do not restrict a controller or processor's ability to process personal data for reasons of public interest in the area of public health, community health, or population health, but solely to the extent that such processing is (10- (a)- (12) of the CTDPA): 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). Connecticut is 5th State to Enact Data Privacy Law - Guidehouse If you have any questions or comments about this form or if you have any questions about providing notice to our office, please send an email to ag.breach@ct.gov. 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 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). 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