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Colorado: Bill concerning non-profit member data signed by Governor

On May 28, 2024, Senate Bill 24-129 a bill for an act concerning protecting the privacy of persons associated with non-profit entities, and, in connection therewith, prohibiting public agencies from taking certain actions relating to the collection and disclosure of data that may identify such persons was signed by the Governor of Colorado.

Prohibitions under the Act

The Act now prohibits a public agency from compelling:

  • the disclosure of member-specific data from a non-profit entity or an officer, director, employee, or agent of the non-profit entity;

  • a contractor or grantee of a grant program administered by the non-profit to provide a list of non-profit entities to which the contractor or grantee has provided financial or non-financial support; and

  • a non-profit entity to produce member-specific data contained in public records where such records are not subject to inspection and copying.

The Act also permits the initiation of a civil action by a non-profit entity or any of its members who are adversely affected by a public agency's violation of the law against the public agency in district court for damages, injunctive relief, or other relief deemed appropriate. Penalties under the Act include:

  • not less than $2,500 for each violation;

  • not less than $7,500 for each intentional violation; and

  • the costs of litigation to a complainant that prevails in an action.

Exceptions under the Act

The Act does not stop a public agency from requiring the production of a non-profit entity's member-specific data if the member-specific data is, among other things:

  • identified in a lawful subpoena or warrant;

  • produced in discovery under the Colorado Rules of Civil Procedure if entered with a protective order to prohibit or limit the disclosure to the public;
  • admitted into evidence before a court of competent jurisdiction;
  • voluntarily disclosed by the non-profit or person to whom it relates; or
  • sought by a non-profit requesting information concerning its members from a public agency.

You can read the signed Act here and view the legislative history here.