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Colorado: AG publishes Pre-Rulemaking Considerations for the CPA

The Colorado Attorney General's ('AG') office published, on 12 April 2022, the Pre-Rulemaking Considerations for the Colorado Privacy Act ('CPA'). In particular, after soliciting informal comments on rulemaking under the CPA, the AG highlighted that it is now requesting public comments on the three distinct categories of rulemaking authority that the CPA has entrusted the AG with, which are:

  • specific, required authority to draft technical specifications for one or more universal opt-out mechanisms; 
  • specific, discretionary authority to create rules governing a process of issuing opinion letters and interpretive guidance; and 
  • broader discretionary authority to create rules for the purpose of carrying out the CPA.

Furthermore, the AG detailed that informal, pre-rulemaking feedback will be particularly beneficial in the following topics:

  • universal opt-out mechanisms;
  • consent;
  • dark patterns;
  • data protection assessments;
  • profiling;
  • AG opinion letters and interpretive guidance;
  • offline and off-web collection of data; and
  • protecting Coloradans in a national and global economy.

You can find the Considerations here and the CPA comment portal here