Page 142 - GDPR and US States General Privacy Laws Deskbook

142 | Colorado Privacy Act Rules
2.  Processing Personal Data concerning a known Child, in which case the Child’s parent or lawful guardian must provide
Consent;
3.  Selling a Consumer’s Personal Data, Processing a Consumer’s Personal Data for Targeted Advertising, or Profiling in
furtherance of Decisions that Produce Legal or Similarly Significant Effects Concerning a Consumer after the Consumer
has exercised the right to opt out of the Processing for those purposes; and
4.  Processing Personal Data for purposes that are not reasonably necessary to, or compatible with, the original specified
purposes for which the Personal Data are Processed.
B.  Controllers may rely upon valid consent obtained prior to July 1, 2023, to continue to Process a Consumer’s previously
collected Personal Data, including Sensitive Data, collected before July 1, 2023. Consent obtained before July 1, 2023,
shall be considered valid only if it would comply with the requirements set forth in C.R.S. §§ 6-1-1303(5), 6-1-1306(1)(a)
(IV)(C), 6-1-1308(4), and 6-1- 1308(7) and Part 7 of these rules.
1.  Controllers that do not obtain valid Consent prior to July 1, 2023 to continue to use, store, or otherwise Process
Sensitive Data collected prior to this date must obtain valid Consent, as required by C.R.S. §§ 6-1-1303(5), 6-1-1306(1)
(a)(IV)(C), 6-1-1308(4), and 6-1-1308(7) and Part 7 of these rules, by July 1, 2024 to continue to Process the previously
collected Sensitive Data.
2.  If a Controller has collected Personal Data prior to July 1, 2023 and the Processing purpose changes after July 1, 2023
such that it is considered a secondary use pursuant to C.R.S. § 6-1-1308(4) and 4 CCR 904-3, Rule 6.08, the Controller
must obtain valid Consent, as required by C.R.S. §§ 6-1-1303(5), 6-1-1306(1)(a)(IV)(C), 6-1-1308(4), and 6-1-1308(7)
and Part 7 of these rules, at the time the Processing purpose changes to continue to Process the previously collected
Personal Data.
C.  Notwithstanding the above, a Controller Processing Sensitive Data Inferences is not required to obtain Consent for the
Processing activity if the Processing falls within the requirements of 4 CCR 904-3, Rule 6.10.
Rule 7.03 REQUIREMENTS FOR VALID CONSENT
A.  To be valid, a Consent must meet each of the following elements: (1) it must be obtained through the Consumer’s clear,
affirmative action; (2) it must be freely given by the Consumer; (3) it must be specific; (4) it must be informed; and (5) it
must reflect the Consumer’s unambiguous agreement.
B.  Consent must be obtained through the Consumer’s clear, affirmative action. For purposes of obtaining valid Consent:
1.  A “clear, affirmative action” means a Consumer’s Consent is communicated through either (a) deliberate and clear
conduct, or (b) a statement that clearly indicates their acceptance of the proposed Processing of their Personal Data.
2.  A blanketed acceptance of general terms and conditions, silence, inactivity or in action, pre-ticked boxes, and other
negative option opt-out constructions that require intervention from the Consumer to prevent agreement are not clear
affirmative actions for the purposes of valid Consent.
C.  Consent must be freely given. For purposes of obtaining valid Consent:
1.  Consent is freely given when Consumers may refuse Consent without detriment and withdraw Consent easily at any
time.