4 Colo. Code Regs. § 904-3-7.02

Current through Register Vol. 47, No. 16, August 25, 2024

Section 4 CCR 904-3-7.02 - REQUIRED CONSENT

A. Pursuant to C.R.S. §§ 6-1-1303(5), 6-1-1306(1)(a)(IV)(C), 6-1-1308(4), and 6-1-1308(7), a Controller must obtain valid Consumer Consent prior to:

1. Processing a Consumer's Sensitive Data;

2. Processing Personal Data concerning a known Child, in which case the Child's parent or lawful guardian must provide Consent;

3. Selling a Consumer's Personal Data, Processing a Consumer's Personal Data for Targeted Advertising, or Profiling in furtherance of Decisions that Produce Legal or Similarly Significant Effects Concerning a Consumer after the Consumer has exercised the right to opt out of the Processing for those purposes; and

4. Processing Personal Data for purposes that are not reasonably necessary to, or compatible with, the original specified purposes for which the Personal Data are Processed.

B. Controllers may rely upon valid consent obtained prior to July 1, 2023, to continue to Process a Consumer's previously collected Personal Data, including Sensitive Data, collected before July 1, 2023. Consent obtained before July 1, 2023, shall be considered valid only if it would comply with the requirements set forth in C.R.S. §§ 6-1-1303(5), 6-1-1306(1)(a)(IV)(C), 6-1-1308(4), and 6-1-1308(7) and Part 7 of these rules.

1. Controllers that do not obtain valid Consent prior to July 1, 2023 to continue to use, store, or otherwise Process Sensitive Data collected prior to this date must obtain valid Consent, as required by C.R.S. §§ 6-1-1303(5), 6-1-1306(1)(a)(IV)(C), 6-1-1308(4), and 6-1-1308(7) and Part 7 of these rules, by July 1, 2024 to continue to Process the previously collected Sensitive Data.

2. If a Controller has collected Personal Data prior to July 1, 2023 and the Processing purpose changes after July 1, 2023 such that it is considered a secondary use pursuant to C.R.S. § 6-1-1308(4) and 4 CCR 904-3, Rule 6.08 , the Controller must obtain valid Consent, as required by C.R.S. §§ 6-1-1303(5), 6-1-1306(1)(a)(IV)(C), 6-1-1308(4), and 6-1-1308(7) and Part 7 of these rules, at the time the Processing purpose changes to continue to Process the previously collected Personal Data.

C. Notwithstanding the above, a Controller Processing Sensitive Data Inferences is not required to obtain Consent for the Processing activity if the Processing falls within the requirements of 4 CCR 904-3, Rule 6.10.

4 CCR 904-3-7.02

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