Colorado’s commitment to enhancing data privacy reaches new heights with the proposed amendments introduced in House Bill HB24-1130. This bill seeks to fortify the existing “Colorado Privacy Act” by introducing comprehensive safeguards specifically tailored to protect individuals’ biometric data.

Key Amendments Proposed in HB24-1130

1. Written Policy Requirement: The bill mandates that controllers, those who determine the purposes and means of processing biometric data, must adopt a written policy. This policy should include provisions for establishing a retention schedule for biometric identifiers, implementing a protocol for responding to breaches of security concerning biometric data, and guidelines for the permanent destruction of biometric identifiers.

2. Disclosure and Consent Requirements: Controllers are prohibited from collecting biometric identifiers without first meeting specific disclosure and consent requirements. This provision ensures that individuals are fully informed about the collection and use of their biometric data and have the opportunity to provide informed consent.

3. Access and Update Rights: HB24-1130 empowers consumers by requiring controllers to allow them access to and the ability to update their biometric identifiers. This provision enhances individuals’ control over their biometric information and promotes transparency and accountability in data processing practices.

4. Employer Restrictions: The bill imposes limitations on employers’ permissible reasons for obtaining employees’ consent for the collection of biometric identifiers. This measure aims to protect employees’ privacy rights and ensure that their biometric data is collected and used only for legitimate purposes.

5. Enforcement and Rulemaking Authority: HB24-1130 authorizes the attorney general to promulgate rules to implement the provisions of the bill, enhancing enforcement mechanisms and ensuring compliance with the new requirements.

Implications

The proposed amendments in HB24-1130 represent a significant step forward in safeguarding biometric data privacy in Colorado. If enacted, these provisions will establish clear guidelines for the collection, retention, and use of biometric identifiers, enhancing transparency, accountability, and consumer control over their personal information.

As HB24-1130 progresses through the legislative process, stakeholders should remain vigilant and engage in discussions to better understand how these amendments may impact data privacy practices in Colorado.