On September 1, 2018, a new Colorado law took effect that, among other things, amends the state’s data breach law to: (1) expand the scope of the categories of “personal information” that trigger notification requirements; (2) require notification to residents and the state attorney general no more than 30 days after determining that a security breach has occurred; and (3) specify what must be included in these notifications.¹ In addition, the statute requires entities that maintain, own, or license personal identifying information (PII) to implement and maintain reasonable security practices and procedures to secure PII and impose similar security obligations on third party service providers with which the entity shares PII. Finally, the law amends Colorado’s data disposal law to clarify the appropriate procedure for disposing of documents that contain PII. The passage of the Colorado law serves as a reminder that not only do state data breach notification requirements vary, but state laws also change over time in significant ways. Companies are well-advised to continue monitoring state laws for such changes.
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