§ 6-1-1307 — Processing de-identified data

(1) This part 13 does not require a
controller or processor to do any of the following solely for purposes of complying
with this part 13:

(a) Reidentify de-identified data;

(b) Comply with an authenticated consumer request to access, correct,
delete, or provide personal data in a portable format pursuant to section 6-1-1306
(1), if all of the following are true:

(I) (A) The controller is not reasonably capable of associating the request
with the personal data; or

(B) It would be unreasonably burdensome for the controller to associate the
request with the personal data;

(II) The controller does not use the personal data to recognize or respond to
the specific consumer who is the subject of the personal data or associate the
personal data with other personal data about the same specific consumer; and

(III) The controller does not sell the personal data to any third party or
otherwise voluntarily disclose the personal data to any third party, except as
otherwise authorized by the consumer; or

(c) Maintain data in identifiable form or collect, obtain, retain, or access any
data or technology in order to enable the controller to associate an authenticated
consumer request with personal data.

(2) A controller that uses de-identified data shall exercise reasonable
oversight to monitor compliance with any contractual commitments to which the
de-identified data are subject and shall take appropriate steps to address any
breaches of contractual commitments.

(3) The rights contained in section 6-1-1306 (1)(b) to (1)(e) do not apply to
pseudonymous data if the controller can demonstrate that the information
necessary to identify the consumer is kept separately and is subject to effective
technical and organizational controls that prevent the controller from accessing the
information.

Legislative History

Source: L. 2021: Entire part added, (SB 21-190), ch. 483, p. 3460, � 1, effective July 1, 2023.