4 Colo. Code Regs. § 904-3-10.02

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 904-3-10.02 - [Effective 1/30/2025] SCOPE AND EFFECT OF OPINION LETTERS

A. Opinion Letters are only issued in response to requests made pursuant to 4 CCR 904-3, Rule 10.03.

B. Opinion letters will contain the Attorney General's opinion regarding the application of the Colorado Privacy Act to parties' proposed activities, as described in requests made pursuant to 4 CCR 904-3, Rule 10.04.

C. The Attorney General shall determine, at the Attorney General's discretion, whether to issue an Opinion Letter. In making this determination, the Attorney General may consider factors including, without limitation, whether:

1. The Opinion Letter will terminate a controversy or remove one or more uncertainties as to the application of the law to the requestor's situation;

2. The request involves a subject, question, or issue that concerns a formal or informal matter or investigation currently pending before the secretary or a court; and

3. The request seeks a ruling on a moot or hypothetical question.

D. Should the Department of Law file an enforcement action against a person or entity regarding the question presented in an Opinion Letter, the person or entity who is the subject of that Opinion Letter may legally rely upon the Opinion Letter in asserting a good faith reliance defense.

1. The Attorney General will not normally investigate the underlying facts of the requestor's situation and, as a result, an Opinion Letter may not be applicable to the requestor if the request for opinion does not contain all material facts and representations, or if the underlying facts of the requestor's situation do not conform to the summary of material facts.

E. Except as otherwise provided in an Opinion Letter in the Attorney General's sole determination, an Opinion Letter may not form the basis of a good faith reliance defense for persons or entities who were not the subject of that Opinion Letter as described in the Opinion Letter request.

F. The scope and terms of an Opinion Letter will be set out in the Opinion Letter itself and may deviate from the interpretation proposed by the requestor in its submission.

G. The Attorney General may decline any request to issue an Opinion Letter. The Attorney General may, when it is deemed appropriate, issue Interpretive Guidance calling attention to established principles under the Colorado Privacy Act, even when a request that was submitted was for an Opinion Letter.

4 CCR 904-3-10.02

46 CR 06, March 25, 2023, effective 7/1/2023

48 CR 01, January 10, 2025, effective 1/30/2025