Party of Five: Connecticut Poised to Pass Fifth U.S. State Privacy Law, Improving Upon Virginia, Colorado

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This week, the Connecticut legislature passed Senate Bill 6, an ‘Act Concerning Personal Data Privacy and Online Monitoring.’ If SB 6 is enacted by Governor Lamont, Connecticut will follow California, Virginia, Colorado, and Utah as the fifth U.S. state to adopt a baseline regime for the governance of personal data. The law would come into effect on July 1, 2023.

Connecticut’s privacy bill goes beyond existing state privacy laws by directly limiting the use of facial recognition technology, establishing default protections for adolescent data, and strengthening consumer choice, including through requiring recognition of many global opt-out signals. Nevertheless, a federal privacy law remains necessary to ensure that all Americans are guaranteed strong, baseline protections for the processing of their personal information.

-Keir Lamont, Senior Counsel, Future of Privacy Forum

While SB 6 is similar to laws recently passed in Colorado and Virginia, it contains several significant expansions of consumer privacy rights. In addition to core requirements to obtain affirmative consent to process sensitive personal information; consumer rights to opt out of targeted advertising, data sales, and certain profiling decisions; and obligations for businesses to conduct risk assessments and meet purpose specification and data minimization standards, the bill includes:

Clear limits on facial recognition technology: SB 6 would designate biometric data generated from photographs or videos for the unique purpose of identifying a specific individual as a category of sensitive information subject to affirmative consent requirements. In contrast, other recently adopted comprehensive state privacy laws either do not require consent for

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