. You will receive a confirmation email that your notice was successfully submitted along with a summation of your filing. The Connecticut Law sets forth two categories of regulated data: (1) personal data; and (2) sensitive data. Before filling out this form, heres what you need to know: What happens after I submit my completed Data Breach Notice form? The state does give a six month grace period for organizations to comply with any revisions to PCI-DSS. Please note that if a controller processes personal data pursuant to an exemption in 10 of the CTDPA, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements in (10-(f) of the CTDPA (10-(g) of the CTDPA). Create an account to continue accessing select articles, resources, and guidance notes. Discover what topics are trending at the moment. The law will be in effect from July 1, 2023. ( 8). On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effectthe latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for businesses that implement cybersecurity measures. Contrary to most privacy laws to date, which encourage compliance by issuing fines for breaches, Connecticuts law encourages compliance by protecting organizations from punitive damages if they meet certain cybersecurity standards. Consumers have the right to opt of the processing of the personal data for purposes of (4-(a)-(5) of the CTDPA): Consumers have the right to obtain a copy of their personal data processed by the controller, in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means, provided such controller will not be required to reveal any trade secret (4-(a)-(4) of the CTDPA). The law will go into effect on July 1, 2023, and applies to all persons (a) that conduct business in Connecticut or produce products or services targeted to Connecticut residents and (b) in the last year either controlled or processed the personal data of at least . The new law applies to businesses that conduct business in the state of Connecticut or producea product or service that is targeted to Connecticut residents and that during the preceding calendar year: What are the penalties and who enforces it? Who should I contact with questions or feedback about this form? Not process personal data in violation of the laws of Connecticut and federal laws that prohibit unlawful discrimination against consumers. Similar to the Virginia and Colorado statutes, the CTDPA prohibits a Controller from processing sensitive data concerning a Consumer without obtaining the Consumer's consent. Personal data: Information that is linked or reasonably linkable to an identified individual or an identifiable individual, and does not include deidentified data, aggregated data, or publicly available information (1-(18) of the CTDPA). A contract must be in place between controllers and processors as well as subcontractors. Importantly, if organizations lead a full investigation and determine there is no risk of harm for the consumers whose data was acquired or accessed, then they do not need to issue a notification. Information provided in response to a consumer request must be provided by a controller, free of charge, once per consumer during any 12- month period (4-(c)-(3) of the CTDPA). The CTDPA establishes rights including a right to access, deletion, as well as portability for consumers, and provides the right to opt-out of targeted advertising, sale of personal data, and automated profiling. Connecticut's privacy law provides Consumer Access Rights including: The consumer has the right to confirm whether a controller is processing the consumer's personal data and to access the personal data The consumer has the right to obtain a copy of the personal data that the consumer previously provided to the controller; Finally, ongoing management helps ensure incident response remains a continued effort. Nondiscrimination upon a consumer exercising rights. A controller must comply with an opt-out request received from an authorized agent if the controller is able to verify the identity of the consumer and the authorized agents authority to act on the consumers behalf. Connecticuts Act Concerning Data Privacy Breaches outlines who must comply with the states data breach laws. Join our community for free to access exclusive whitepapers, reports, and regulatory information. Among the many nuances that distinguish the pair of Connecticut laws, two of the most notable are the fact that neither law gives consumers specific rights (such as the rights to access, correct, delete, and opt out) and that they provide safe harbor protection for compliant businesses. Controllers and processors that comply with the verifiable parental consent requirements of COPPA will be deemed compliant with any obligation to obtain parental consent pursuant to the CTDPA (3-(c) of the CTDPA). impose any obligation on a controller or processor that adversely affects the rights or freedoms of any person, including, but not limited to: the rights of any person to freedom of speech or freedom of the press guaranteed in the First Amendment to the, subject to suitable and specific measures to safeguard the rights of the consumer whose personal data is being processed; and. Of course this is not a one-time exercise, as Connecticut requires organizations to not just create, but also maintain and comply with that program over time. Similarly excepted are covered entities or business associates as defined in 45 CFR 160.103, such as a person who offers a personal health record to individuals on behalf of a health plan, health care clearinghouse or health care provider; national security associations registered under the Securities Exchange Act of 1934; and financial institutions or data subject to Title V of the federal Gramm-Leach-Bliley Act ("GLBA"). Note that "any person" includes companies. A consumer has the right to correct inaccuracies in their personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data (4-(a)-(2) of the CTDPA). With deep subject matter expertise, our attorneys handle data security incidents; regulatory issues regarding federal and state privacy laws, such as HIPAA, FERPA, COPPA, GLBA and CCPA; international privacy law compliance, such as GDPR; and data security litigation matters. Completing and submitting this online form is the Offices preferred method for receiving notice about a data breach. The CTDPA also creates certain standardized data protection requirements. The first, An Act Concerning Data Privacy Breaches, updates the state law on data privacy breaches by expanding the types of protected information, reducing the timeframe for incident response, and detailing applicability of the law.
Senate Bill ('SB') 6 for An Act Concerning Personal Data Privacy and Online Monitoring was filed, on 16 March 2022, with the Legislative Commissioner's Office. Data Protection Assessments. Personal data is broadly defined (as it is in other data protection laws) to include any information that is, or reasonably could be, linked to an identified or identifiable individual. 'Biometric data' does not however include (1-(3)-(a), (b) and (c) of the CTDPA): Pseudonymisation:The CTDPA does not define 'pseudonymisation' but instead defines 'pseudonymous data' as personal data that cannot be attributed to a specific individual without the use of additional information, provided such additional information is kept separately and is subject to appropriate technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable individual (1-(24) of the CTDPA). The Connecticut House approved the bill by a vote of 144 to 5, after the Senate unanimously approved it . Data processor:An individual who, or legal entity that, processes personal data on behalf of a controller (1-(21) of the CTDPA). It could be because it is not supported, or that JavaScript is intentionally disabled. State data privacy laws seem to be coming quicker now, as the Connecticut House of Representatives approved Senate Bill 6 yesterday, paving the way for the Connecticut data privacy law to be signed into law by Connecticut Governor Ned Lamont. Please note that if a controller processes personal data pursuant to an exemption in 10 of the CTDPA, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements in (10-(f) of the CTDPA (10-(g) of the CTDPA). The GLBA requires certain agencies and regulators to issue regulations ensuring that financial institutions protect the privacy of consumers' personal information by developing and giving notice of their privacy policies to their customers at least annually, before disclosing any consumer's personal financial information to an unaffiliated party. This is the fourth draft chapter of ICO guidance on this topic, with more anticipated to come. The Office of the Attorney General now has a simple, fillable online form to submit a breach notification, located here. In addition, a third-party controller or processor receiving personal data from a controller or processor in compliance with CTDPA is likewise not in violation of said sections for the transgressions of the controller or processor from which such third-party controller or processor receives such personal data (10-(d) of the CTDPA). Connecticuts law grants the attorney general exclusive enforcement authority. Assemb., Reg. Connecticut Governor Ned Lamont has signed the country's fifth comprehensive consumer privacy act, "An Act Concerning Personal Data Privacy and Online Monitoring ," (the "Connecticut Data Privacy Act" or the "CDPA" as we refer to it in this article). is created or received by a health care provider, health plan, employer, or health care clearinghouse; and, relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual; and. 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However, the CTDPA states that nothing within shall be construed to (10-(e) of the CTDPA): Additionally, the CTDPA provides that its requirements do not restrict a controller or processor's ability to take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or of another individual, and the processing cannot be manifestly based on another legal basis (10-(a)-(8) of the CTDPA). Connecticut joins four other states -- California, Virginia, Colorado and Utah -- that have enacted privacy laws over the last few years. Moreover, under the CTDPA the Controller must "provide an effective mechanism" for the Consumer to revoke consent "that is at least as easy as the mechanism" provided to give consent. The new Connecticut legislation also creates a standing work group that will address a range of emerging topics or issues that the law could be amended to cover. (CTDPA 6; VCDPA 59.1-574(5); CPA 6-1-1308)(7)). CompliancePoint is here to help. However, processors are required to assist the controller in meeting their obligations, including obligations related to the security of processing personal data and notification of a breach of security system under 36a-701b of Chapter 669 of Title 36a of the Connecticut General Statutes (7-(a)-(2) of the CTDPA). Controlled or processed the personal data of not less than 25,000 consumers and derived more than 25% of their gross revenue from the sale of personal data. Ongoing management activities typically cover establishing a centralized dashboard where all reporting, monitoring, and response plans can live and making that dashboard accessible to all stakeholders to promote visibility and alignment with future policy changes. Risk Management. 42-234, no seller of motor gasoline or gasohol shall sell, or offer to sell, an energy resource at an unconscionably excessive price between November 3, 2022 and December 3, 2022. Who must provide notice and to whom is it provided? As of October 1, 2021, this requirement extends to breaches involving Taxpayer Identification Numbers. ( 9). Moreover, personal data must notbe processed in violation of the laws of Connecticut and US federal laws that prohibit unlawful discrimination against consumers (6-(a)-(5) of the CTDPA). Friday Five 7/8. If the controller fails to cure a violation within 60 days of receipt of the notice of violation, the AG may initiate an enforcement action. The Connecticut Office of the Attorney General will enforce the law, with a penalty of up to $5,000 under the Connecticut Unfair Trade Practice Act, plus actual and punitive damages, costs, and reasonable attorney's fees. The CTDPA defines 'consent' as an affirmative act signifying a consumer's freely given, specific, informed and unambiguous agreement to allow the processing of personal data relating to the consumer (1-(6) of the CTDPA). For larger breaches, most state attorney generals partake in a multi-state settlement that ranges from tens of millions to hundreds of millions of dollars. Connecticut's privacy act requires controllers to obtain consent for processing sensitive data. Connecticut has joined the handful of US states and countries worldwide introducing comprehensive data breach legislation.
However, the CTDPA provides that its requirements do not restrict a controller or processor's ability to detect, prevent, protect against, or respond to a security incident, identity theft, fraud, harassment, malicious or deceptive activity, or any illegal activity, or to investigate, report, or prosecute a person responsible for any of the aforementioned actions, as well as assist another controller, processor or third party with any of the obligations under the CTDPA (10-(a)-(9) and (11) of the CTDPA). instructions for processing personal data; the nature and purpose of the processing; the rights and obligations of both parties; requirethe processor to ensure each person processing personal data is subject to a duty of confidentiality with respect to the personal data; at the controller's direction, requirethe processor to delete or return all personal data to the controller as requested at the end of the provision of services, unless retention of the personal data is required by law; provide that, upon the reasonable request of the controller, the processor must make available to the controller all information in its possession necessary to demonstrate the processor's compliance with the obligations of the CTDPA; establish that, after providing the controller an opportunity to object, the processor may engage any subcontractor pursuant to a written contract that requires the subcontractor to meet the obligations of the processor with respect to the personal data; and. 15-142, An Act Improving Data Security and Agency Effectiveness, that amends and updates the state's data breach notification law and imposes certain data security requirements on health insurers and state contractors. Connecticut Act 1. Consumers have the right to confirm whether a controller is processing the consumer's personal data (4-(a)-(1) of the CTDPA). Sensitive data:Sensitive datais defined as personal data that includes (1-(27) of the CTDPA): Health data:The CTDPA does not expressly define 'health data', but instead refers to 'protected health information' as defined under 160.103 of the General Administrative Requirements of Subpart A, Part 160, Subchapter C, Subtitle A of Title 45 of the Code of Federal Regulations. See here for a complete list of exchanges and delays. an active electronic mail address or other online mechanism that the consumer may use to contact the controller. "Unfortunately, we can't change any of this. any means available to verify the age of a child who creates a social media account; possible legislation that would expand the provisions the CTDPA; and. If you have any questions or comments about this form or if you have any questions about providing notice to our office, please send an email to ag.breach@ct.gov. Connecticut's data privacy law also extends this requirement to children under 16. On April 28, 2022, the Connecticut General Assembly passed SB 6, " An Act Concerning. Connecticut has joined California, Colorado, Utah, and Virginia in passing a comprehensive new data privacy law that establishes responsibilities for Connecticut has joined California, Colorado, Utah and Virginia in passing a comprehensive new data privacy law, which will take effect on July 1, 2023. ( 12). The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. The CDPA requires that controllers establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data. The CTDPA does not expressly provide that personal data can be processed based on legal obligations. Specifically, if organizations create, maintain, and comply with a written cybersecurity program that contains administrative, technical, and physical safeguards for the protection of personal or restricted information, then they are protected against punitive damages in the case of a data breach (except in cases of gross negligence or willful misconduct). However, the CTDPA stipulates that a controller or processor that discloses personal data to a processor or third-party controller in accordance the CTDPA shall not be deemed to have violated said sections if the processor or third-party controller that receives and processes such personal data violates said sections, provided, at the time the disclosing controller or processor disclosed such personal data, the disclosing controller or processor did not have actual knowledge that the receiving processor or third-party controller would violate said sections data (10-(d) of the CTDPA). Further a controller must notify the consumer if it decides not to honor the request and the reasons for not taking actions. On May 10, 2022, Connecticut became the fifth state in the United States to put privacy legislation into law when the governor signed the Connecticut Data Privacy Act (CTDPA). Processing that represents a heightened risk of harm to a consumer includes (8-(a) of the CTDPA): In addition, DPIAs conducted pursuant to the CTDPA must identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, consumer, other stakeholders and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks (8-(b) of the CTDPA). Copyright 2022 CompliancePoint, Inc. All Rights Reserved | Privacy Statement | Accessibility | Disclosure | Trust, Connecticut Data Privacy Act Has Been Signed, Telemarketing Registration Support Service (TRSS). Chris Brook. The new law penalizes any individual or business that intentionally fails to protect personal information. Sensitive data ) sensitive data extends to Breaches involving Taxpayer Identification Numbers -- California, Virginia, and! 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