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Consumer Reports comments on Colorado Privacy Act regulations

Consumer Reports filed comments with the Colorado Department of Law on its draft regulations interpreting the Colorado Privacy Act. Last year, Colorado enacted the law, making Colorado the third state in the country to adopt a comprehensive privacy statute; Consumer Reports had worked closely with Colorado lawmakers on the bill and supported its passage. The law charges the Department of Law with adopting regulations to provide more clarify to businesses and consumers. Last month, the Department of Law issued its initial regulations, inviting feedback from stakeholders on any suggested changes.

Consumer Reports broadly supports the draft regulations, but urged narrow revisions to address a number of key areas, including:

  • How companies can authenticate Colorado residency,
  • How privacy choices and information must be presented to consumers,
  • How online opt-out requests should be extended to other contexts, and
  • How to safeguard customer loyalty programs without creating inadvertent loopholes in the law.

Consumer Reports is also testifying before the Department of Law in stakeholder meetings this month, and will be submitting more extensive comments on the draft regulations before the final deadline of February 1, 2023.