Page 4 - PPIAC June July 2021 Newsletter
P. 4

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        Supreme Court Finds Cops
        Cannot Simply Barge Into a
        Home in Pursuit of Someone

        Suspected of a Misdemeanor        VP of Legislation – 2021 Legislative Summary


                                          The last several years have brought discussions about privacy and records access. In

                                          previous years, any introduced bills tended to be narrow in scope. 2021, however, had

                                          several introduced bills which broaden the effects of privacy and records access bills.
        Private Investigator
        Describes How He Followed         HB21-1015 and HB21-1107 both expand the privacy protections that were previously
        Rep. Mo Brooks' Wife Into         provided to law enforcement and human services workers. HB1015 expands those
        Her Garage to Serve a             privacy protections to certain criminal justice system personnel, renames those
        Lawsuit                           individuals as ‘protected persons’ and extends those protections to the protected
                                          person’s family. HB1107 expands the privacy protections to public health workers as well
                                          as their employees, contractors, and others. Both bills have been signed by the
                                          Governor.

        Private Investigator Takes        Another privacy bill was HB21-1111. This bill would have required governmental entities
        on Augusta's Millbrook            to give notice to Colorado residents every 90 days regarding certain personal information
        Twins Case                        of those residents. The bill would have given Colorado residents the option to request
                                          that governmental entities dispose of any paper or electronic documents containing the
                                          resident’s personal identifying information. This bill started as a Republican-only
                                          sponsored bill and had a massive fiscal note. The bill was ultimately rewritten as an
        Colorado Justices Ease            advisory group study to determine where personally identifiable information is stored by
        Burden on Requests for            state agencies, determine what entities have access to this information, and determine
        Police Records                    costs and processes necessary to centralize the storage and protection of this
                                          information. As a result of the rewriting, the bill became bipartisan sponsored, the fiscal
                                          note shrank significantly, and the bill is awaiting the Governor’s signature.

                                          However, easily the broadest privacy bill is SB21-190. This bill is commonly known as the
                                          Colorado Privacy Act. With this bill, Colorado would become the third state to have a
                                          consumer privacy protection law, along with California and Virginia. The bill impacts
                                          companies that store or process data of more than 100,000 consumers per year; or
                                          companies that profit from the sale or processing of the data of 25,000 consumers.
                                          Interestingly, this bill does provide several exemptions to companies and entities that
                                          otherwise fit the definitions of the bill. SB190 has bipartisan sponsorship and will likely
                                          be signed by the Governor.                          (continued on next page)
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