Privacy & Information Security Law Blog

On June 21, 2022, the Colorado Attorney General’s Office announced it is seeking informal input from the public on its rulemaking related to the Colorado Privacy Act (“CPA”). Before starting its formal rulemaking process, the Office has indicated it wants to better “understand the community’s thoughts and concerns about data privacy.”

The public can provide feedback on any aspect of the CPA, but the Colorado Attorney General’s Office specifically requested commentary on the following topics:

• Universal Opt-Out of Sale and Targeted Advertising Mechanisms - “to better understand what the clearest and most accessible type of universal opt-out would be for consumers, consumer expectations for how a universal opt-out mechanism might function, and potential technical limitations to any universal opt-out mechanism.”
• Consent - “to better understand what information would be most beneficial for consumers when a business asks for consent, especially when asking for consent to process sensitive personal data.”
• Dark Patterns - “to better understand if there are certain online interactions where consumers are currently asked to provide consent that they find confusing or which have caused them to give their consent when they did not intend or desire to do so.”
• Profiling - “to better understand what type of information companies can provide to help consumers understand the automated processing of their personal data so that they can make an informed opt-out decision.”

Public input sessions were held on June 22, 2022 (in-person and virtual) and June 28, 2022 (virtual only). More information on these public input sessions can be found in the announcement made by the Colorado Attorney General’s Office.