Colorado AG Releases Revisions to Draft Colorado Privacy Act Rules
The Colorado Attorney General’s Office released the second version of its proposed amendments to the Colorado Privacy Act rules. This round of revisions seeks to take into account concerns expressed through public input to the first draft of the amendments. The rules address two laws amending the Colorado Privacy Act that heightened protections for biometric data and children’s data that were signed into law in 2024. The amendments to the Colorado Privacy Act require businesses operating in Colorado to keep written policies on how they handle and dispose of biometric data and to provide consumers with notice of the collection of biometric information take effect July 1, 2025. The draft rules define the notice and consent requirements for biometric data, including notice and consent requirements for employees, contractors, and subcontractors. Amendments to the Colorado Privacy Act relating to children’s data take effect on October 1, 2025, and will require companies to use “reasonable care” to avoid harms to a consumer they know is under 18 and limit use and collection of minors’ data.
Blank Rome Secures Landmark Ruling on Retroactive Application of BIPA Amendments
A Blank Rome team representing DNJ Intermodal Services LLC prevailed in striking the complainant’s prayer for relief, which sought $1,000 or $5,000 for each of the thousands of times six plaintiffs allegedly had their hands scanned at work. Will County Judge Roger D. Rickmon found—perhaps the first among Illinois state judges—that a recent amendment to the Biometric Information Privacy Act (“BIPA” or “the Act”), which stipulates that a business collecting identical biometric data multiple times from the same person in violation of the law is liable for only a single violation, applies retroactively to claims that arose and were filed prior to August 2, 2024, the effective date of the Act. This landmark ruling shaves potential BIPA damages for most pending cases from astronomical damages of millions (or hundreds of millions) of dollars to $1,000 or $5,000 per person. The question of whether BIPA’s amendment applies retroactively is simmering in courts throughout the state of Illinois and is expected to eventually make its way up to Illinois’ Courts of Appeals and perhaps the Illinois Supreme Court.
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