§ 6-1-1302 — Legislative declaration

Colorado § 6-1-1302

• Jurisdiction: Colorado
• Title 06: Consumer
• Art.: Colorado Consumer Protection Act

Text

(1) The general assembly hereby:

(a) Finds that:

(I) The people of Colorado regard their privacy as a fundamental right and an
essential element of their individual freedom;

(II) Colorado's constitution explicitly provides the right to privacy under
section 7 of article II, and fundamental privacy rights have long been, and continue
to be, integral to protecting Coloradans and to safeguarding our democratic
republic;

(III) Ongoing advances in technology have produced exponential growth in
the volume and variety of personal data from individuals, including minors, being
generated, collected, stored, and analyzed, and these advances present both
promise and potential peril;

(IV) The ability to harness and use data in positive ways is driving innovation
and brings beneficial technologies to society, but it has also created risks to privacy
and freedom; and

(V) The unauthorized disclosure of personal information, including a minor's
personal information, and loss of privacy can have devastating impacts ranging
from financial fraud, identity theft, and unnecessary costs in personal time and
finances to destruction of property, harassment, reputational damage, emotional
distress, and physical harm;

(b) Determines that:

(I) Technological innovation and new uses of data can help solve societal
problems and improve lives, and it is possible to build a world where technological
innovation and privacy can coexist; and

(II) States across the United States are looking to this part 13 and similar
models to enact state-based data privacy requirements, including data privacy
requirements specifically targeted at minors' data, and to exercise the leadership
that is lacking at the national level; and

(c) Declares that:

(I) By enacting this part 13, Colorado will be among the states that empower
consumers, including minors, to protect their privacy and require companies to be
responsible custodians of data as they continue to innovate;

(II) This part 13 addresses issues of statewide concern and:

(A) Provides consumers the right to access, correct, and delete personal
data and the right to opt out not only of the sale of personal data but also of the
collection and use of personal data;

(A.5) Provides minors the right to control their personal data;

(B) Imposes an affirmative obligation upon companies to safeguard personal
data; to provide clear, understandable, and transparent information to consumers
about how their personal data are used; and to strengthen compliance and
accountability by requiring data protection assessments in the collection and use of
personal data; and

(C) Empowers the attorney general and district attorneys to access and
evaluate a company's data protection assessments, to impose penalties where
violations occur, and to prevent future violations.

Legislative History

Source: L. 2021: Entire part added, (SB 21-190), ch. 483, p. 3445, � 1, effective July 1, 2023. L. 2024: (1)(a)(III), (1)(a)(V), (1)(b)(II), and (1)(c)(I) amended and (1)(c)(II)(A.5) added, (SB 24-041), ch. 296, p. 2018, � 1, effective October 1, 2025.