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Colorado Breach Data Statute

 

Colo. Rev. Stat. § 6-1-716

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

No later than 30 days

YES, if>499 residents notified

 

More Details

Scope of this Summary Notification requirements applicable to individuals or commercial entities that conduct business in state and own, license or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.
Covered Info (1) First name or first initial and last name, plus: Social Security number; student, military, or passport ID number; driver's license or state identification card number; medical information; health insurance number; or biometric data;   OR  (2) username or email address in combination with a password or questions and answers that would permit access to a resident’s online account;  OR  (3) account number or credit or debit card number, in combination with any required security or access code or password that would permit access to a resident's financial account.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted, redacted, or secured by any other means rendering the name or element unreadable or unusable, so long as the encryption key is not reasonably believed to have also been acquired.
Breach Defined Unauthorized acquisition that compromises the security, confidentiality, or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
Consumer Notice Timing: Must be made no later than 30 days after the date of determination that the breach occurred consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system.

Content: Notice must include: date or estimated date/date range of breach; description of personal information affected; contact info for covered entity where resident can inquire about the breach; toll-free numbers, websites and addresses for the FTC and CRAs; and a statement that residents can obtain info from the FTC and CRAs about fraud alerts and security freezes. Additional info must also be included if a resident’s access credentials to an online account are compromised in the breach.

Method: By written notice, telephone notice, or electronic notice (if it is the primary method of communication with the resident or is consistent with E-SIGN). Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines that notice will impede a criminal investigation, and law enforcement notifies the covered entity not to send notice. Notice must be made no later than 30 days after law enforcement informs the covered entity that delay is no longer required.
Harm Threshold Notification not required if, after prompt investigation, the covered entity determines that misuse of resident's covered info has not occurred and is not reasonably likely to occur.
Government Notice If covered entity reasonably believes that breach affected 500 or more residents, must also notify the Attorney General no later than 30 days after determination that breach occurred.
Consumer Agency Notice If more than 1,000 residents notified, must notify all nationwide CRAs without unreasonable delay of anticipated date of notice and approximate number of residents to be notified. Entities subject to Gramm-Leach-Bliley are exempt from this requirement.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them in the most expedient time possible and without unreasonable delay following discovery of a breach, if misuse of the covered info about a resident has occurred or is reasonably likely to occur. Must cooperate by sharing relevant information about breach, but not disclosure of confidential business info or trade secrets.
Potential Penalties Violations may result in civil penalties.

 

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This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on November 13, 2018