4 Colo. Code Regs. § 904-3-4.07

Current through Register Vol. 47, No. 16, August 25, 2024
Section 4 CCR 904-3-4.07 - RIGHT TO DATA PORTABILITY
A. To comply with a data portability request, a Controller must transfer to a Consumer the Personal Data it has collected and maintains about the Consumer through a secure method in a commonly used electronic format that, to the extent technically feasible, is readily usable and allows the Consumer to transmit the Personal Data to another entity without hindrance.
B. Pursuant to C.R.S. § 6-1-1306(1)(e), a Controller is not required to provide Personal Data to a Consumer in a manner that would disclose the Controller's trade secrets. When complying with a request to access Personal Data in a portable format, Controllers must provide as much data as possible in a portable format without disclosing the trade secret.
1. For example, if sharing both raw or unedited Personal Data along with related inferences or derived Personal Data in an Excel file would reveal a trade secret, the Controller may provide either set of Personal Data in an Excel file, so long as it is clear to the Consumer that the Controller maintains both types of Personal Data.

4 CCR 904-3-4.07

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