Connecticut

New Connecticut law takes its place in the U.S. data privacy framework

Published

2 years ago

July 5, 2022

New Connecticut law takes its place in the U.S. data privacy framework

July 1, 2022 – In Might, the State of Connecticut enacted the Private Information Privateness and On-line Monitoring Act (the “CTDPA”) which features a broad array of privateness laws that can go into impact on July 1, 2023. (S.B. 6, Gen. Assemb., Reg. Sess. (Conn. 2022)). Connecticut joins 4 different states — California, Virginia, Colorado and Utah — which have enacted privateness legal guidelines over the previous few years.

Whereas the CTDPA accommodates many similarities to the prevailing 4 U.S. state privateness statutes, it additionally possesses its personal distinctive variations, thus including to the rising patchwork of state privateness legal guidelines that has been forming absent a federal rule.

Applicability

Register now for FREE limitless entry to Reuters.com

The CTDPA is relevant to people who conduct enterprise in Connecticut or “produce services or products which might be focused to residents [of Connecticut].” The regulation governs those that throughout the previous calendar 12 months managed or processed the non-public information of (1) a minimum of 100,000 customers, excluding private information used solely for the aim of finishing a cost transaction or (2) a minimum of 25,000 customers and derived greater than 25 % of their gross income from the sale of private information. (§ 2).

The CTDPA’s scope of applicability is narrower than among the current state laws, however broader than others.

For instance, the gross income quantity required by the CTDPA is smaller than that in Virginia and Utah which require a minimum of 50 % of gross income to be from the sale of private information, however better than in Colorado which doesn’t have a threshold quantity in any respect. (VCDPA § 59.1-572; UCPA § 13-61-102).

Moreover, not like California’s Client Privateness Act (CCPA) and Privateness Rights Act (CPRA), the CTDPA doesn’t have an impartial overriding income threshold, and thus, even massive income producing corporations is not going to be topic to the laws absent satisfying the minimal client necessities (CCPA § 1798.140(c)(1); CPRA § 14(d))). The CTDPA can be distinctive in that it narrows its attain by not protecting information collected solely for the needs of cost transactions.

The CTDPA’s definition of “sale of private information” consists of “the trade of private information for financial or different useful consideration” to a 3rd get together. This definition is just like the Colorado Privateness Act (CPA) in addition to California’s CCPA and CPRA, however it’s broader than the Utah Client Privateness Act (UCPA) and the Virginia Client Information Safety Act (VCDPA) which don’t embody “useful consideration” as a part of the definition of sale of private information. (CTDPA § 1(18); CCPA § 1798.140(t); CPRA § 14; CPA § 6-1-1303(23(a)); VCDPA § 59.1-571; UCPA § 13-61-101(31)(a)).

There are additionally teams or organizations that aren’t lined by the CTDPA, together with authorities our bodies, nonprofit organizations and better schooling establishments. Equally excepted are lined entities or enterprise associates as outlined in 45 CFR 160.103, equivalent to an individual who provides a private well being report to people on behalf of a well being plan, well being care clearinghouse or well being care supplier; nationwide safety associations registered below the Securities Alternate Act of 1934; and monetary establishments or information topic to Title V of the federal Gramm-Leach-Bliley Act (“GLBA”). (§ 3(a)).

The GLBA requires sure companies and regulators to problem laws making certain that monetary establishments defend the privateness of customers’ private data by growing and giving discover of their privateness insurance policies to their prospects a minimum of yearly, earlier than disclosing any client’s private monetary data to an unaffiliated get together. The CTDPA additionally exempts 16 kinds of data and information, together with, for instance, protected well being data below HIPAA (Well being Insurance coverage Portability and Accountability Act). (§ 3(b)).

Client rights

Much like lots of the different state privateness statutes that preceded the CTDPA in addition to sure different laws throughout the globe such because the GDPR (Common Information Safety Regulation) in Europe, Connecticut employs the idea of a “Controller” to seek advice from an entity or particular person figuring out the aim and means of information processing and a “Processor” for the entity or person who processes private information on behalf of the Controller. (§ 1(8), (21). The Connecticut CTDPA offers sure rights to Connecticut residents, or “Shoppers,” which largely monitor these within the Virginia and Colorado legal guidelines with some notable variations.

For instance, below the CTDPA, the Client has the best to verify whether or not a Controller is processing the Client’s private information and entry such private information. This language mirrors the language in Virginia’s privateness statute. Nevertheless, the safety is barely extra slender than that supplied by Virginia as a result of the CTDPA creates an exception to offering such data if it could require the Controller to disclose a commerce secret. (CTDPA § 4(a)(1); VCDPA § 59.1-573(A)(1)). The Virginia privateness statute has no such exception.

Moreover, a Client has the best to right inaccuracies and request the deletion of private information. Additional, a Client can “get hold of a duplicate of the Client’s private information processed by the Controller, in a transportable” and “readily usable” format. (§ 4(4)). That is broader than Utah’s and Virginia’s privateness statutes wherein Shoppers are solely entitled to their beforehand supplied private information. (UCPA § 13-61-201; VCDPA § 59.1-573(4)).

The CTDPA’s provisions concerning the best to opt-out are broad. Much like the Virginia and Colorado statutes, in Connecticut a Client can opt-out of the processing of private information for functions of focused promoting, the sale of private information, or “profiling in furtherance of solely automated selections that produce legally or important results in regards to the client.” (CTDPA § 4(a); VCDPA § 59.1-573(A)(5); CPA § 6-1-1306).

Below the CTDPA, the Controller should present a “clear and conspicuous” hyperlink on the Controller’s web site to a webpage that allows a Client to choose out of focused promoting or the sale of private information. (§ 6(e)(1)(A)(i)). By Jan. 1, 2025, the CTDPA expands the opt-out necessities by mandating that Controllers allow Shoppers to choose out “by means of an opt-out desire sign” which “indicat[es] such client’s intent to choose out of any such processing or sale.” (§ 6(e)(1)(A)(ii)). Much like California, the Controller shouldn’t be required to authenticate an opt-out request, which seemingly will improve the variety of requests which might be made as soon as the CTDPA goes into impact. (CTDPA § (4)(c)(4); CCPA).

Client rights

The CTDPA additionally creates sure standardized information safety necessities.

For instance, a Controller should conduct and doc an information safety evaluation for every of the Controller’s processing actions that presents a heightened danger of hurt to a Client. (§ 8). The CTDPA additionally requires the creation of “cheap administrative, technical and bodily information safety practices to guard the confidentiality, integrity and accessibility of private information.” (§ 6) Additional, any Controller in possession of de-identified information is required to “take cheap measures to make sure that the information can’t be related to a person” and “publicly commit” to not try and re-identify the information. (§ 9).

Furthermore, below the CTDPA the Controller should “present an efficient mechanism” for the Client to revoke consent “that’s a minimum of as straightforward because the mechanism” supplied to provide consent. (§ 6). Much like the Virginia and Colorado statutes, the CTDPA prohibits a Controller from processing delicate information regarding a Client with out acquiring the Client’s consent. (CTDPA § 6; VCDPA § 59.1-574(5); CPA § 6-1-1308)(7)).

Client rights

The CTDPA additionally accommodates strict protections for information of minors.

Processing of information for youngsters below 13 should be carried out in accordance with the Kids’s On-line Privateness Safety Rule (“COPPA”). The Controller can’t course of private information for functions of promoting or focused promoting, with out the Client’s consent when understanding the Client is between 13 and 16 years outdated. (§ 6).

The CTDPA additionally mandates that by Sept. 1, 2022, the Common Meeting will convene a job power to check out there methods to “confirm the age of a kid who creates a social media account.” (§ 12).

Privateness discover

Much like different privateness laws, the CTDPA requires that the Controller should present Shoppers with a “moderately accessible, clear and significant privateness discover” which incorporates, the classes of private information processed, the needs of processing it, how Shoppers could train their rights, classes of private information that the controller shares with third events, and the classes of third events. It additionally should embody an internet mechanism that the Client could use to contact the Controller. (§ 6(c)).

Enforcement

A violation of the CTDPA constitutes an unfair commerce follow and will probably be enforced by the Lawyer Common. That is just like different state laws, leaving California as the one state that gives for a non-public proper of motion. When the CTDPA goes into impact in 2023, the Connecticut Lawyer Common can problem a discover of the violation and permit 60 days to remedy. Starting January 2025, the Lawyer Common could convey an motion with out offering a chance to remedy. (§ 11).

Conclusion

The CTDPA has many similarities to sure of the prevailing state privateness legal guidelines. Nonetheless, variations, significantly in its applicability, opt-out provisions, and client rights will necessitate shut scrutiny of the regulation to make sure compliance. With no federal statute, as extra states enact privateness legal guidelines, the privateness framework will seemingly proceed to solely develop extra various and sophisticated.

Ayanna Thompson, a summer time affiliate at Stroock & Stroock & Lavan LLP, assisted within the preparation of this text.

Register now for FREE limitless entry to Reuters.com

Opinions expressed are these of the creator. They don’t replicate the views of Reuters Information, which, below the Belief Rules, is dedicated to integrity, independence, and freedom from bias. Westlaw In the present day is owned by Thomson Reuters and operates independently of Reuters Information.

Jeff Mann

Jeff Mann is a accomplice in Stroock & Stroock & Lavan’s Mental Property and Know-how Group and a Licensed Info Privateness Skilled (CIPP/US). He advises purchasers on information privateness, cybersecurity and expertise issues, together with information licensing, cloud companies and outsourcing points. He might be reached at jmann@stroock.com. He’s primarily based in New York.

Gilana Keller

Gilana Keller is an affiliate in Stroock & Stroock & Lavan’s Litigation Group specializing in industrial litigation, authorities investigation issues, in addition to reinsurance arbitrations. She might be reached at gkeller@stroock.com. She is predicated in New York.

Source link

Related Topics:EXTERNAL-LEGAL Featured LEGAL NRLIN:OATT NRLPA:ODAT

Click to comment

Connecticut

Bonner helps Sun top Atlanta for eighth straight win – The Collinsville Press

Published

4 hours ago

June 3, 2024

Press Room

Bonner helps Sun top Atlanta for eighth straight win – The Collinsville Press

DeWanna Bonner had 18 points and pulled down 10 rebounds to lead the Sun to a 69-50 win over Atlanta. (Photo courtesy Connecticut Sun)

DeWanna Bonner scored 18 points, pulled down 10 rebounds and had two blocks as the Connecticut Sun beat the Atlanta Dream on Sunday, 69-50 to remain undefeated with their eighth consecutive victory in Atlanta.

It is the best start in franchise history and only five other teams in league history have started the season with a better record. Minnesota owns the league record after winning their first 13 games of the season in 2016.

Bonner has led the Sun in scoring in six of eight games this season.

Alyssa Thomas pulled down a season-high 14 rebounds and dished out 11 assists along with scoring eight points. DiJonai Carrington had 15 points, four rebounds and an assist while Ty Harris had 13 points, including three field goals from three-point range.

The Sun shot 42.4 percent from the floor but held their opponent under 29 percent shooting for the second time in the last three games. Atlanta converted on just 28.4 percent of their shots (19-of-67). On May 28, Connecticut held Phoenix to 23.8 percent shooting.

“I felt our defensive energy and intensity, especially those last three quarters, were really good,” Sun head coach Stephanie White said. “You have to give our players a lot of credit for their attention to detail and intensity on the defensive end of the floor.”

Tina Charles, the former UConn star who won a MVP with the Sun earlier in her career, led Atlanta (4-3) with 12 points, 12 rebounds, four steals and a block.

Connecticut also grabbed a season-high 45 rebounds in the win. The Sun outrebounded the Dream, 45-33.

“We’ve been able to win some close games,” White said. “We’re nowhere near where we need to be in terms of how we’re playing on either end of the floor. And so we just focus on the next task at hand. This is a very, very, in the present task motivated group.”

“I also think we don’t care about the record. I mean, it’s a 40-game season,” Thomas said. “It’s a lot of basketball that we (need to) play. Right now, it’s just about us and getting better each and every game.”

The first quarter of action was a back-and-forth battle, with two lead changes and six ties.

Connecticut used a 20-6 run in the second period to find some separation, taking a 12-point advantage at the break, 39-27.

The Sun led by as many as 22 points in the third quarter, but the Dream were able to cut the advantage to 14, 57-43, heading into the fourth.

Connecticut will host Washington on Tuesday at 7 p.m. at the Mohegan Sun Arena.

Connecticut 69, Atlanta 50
At Atlanta
Connecticut (69) Bonner 8-15, 0-2 18, Thomas 3-10, 2-4 8, Jones 4-7 1-2 9, Carrington 6-10 2-3 1, Harris 4-13, 2-2 13, Nelson Ododa 1-2 0-0 2, Mitchell 1-3 0-0 2, Jefferson 0-0 0-0 0, Banham 1-4 0-0 2, Egbo 0-2 0-0 0. Totals 28-66, 7-13, 69
Atlanta (50) Gray 3-11 2-2 9, Parker Tyus 2-5 0-0 4, Charles 5-18 2-2 12, Howard 2-9 0-0 4, Jones 1-6 0-0 3, Coffey 1-4 0-0 2, Dangerfield 1-4 0-0 2, Powers 2-8 2-2 7, Hillmon 2-2 3-4 7, Amiher 0-0 0-2 0, Cubaj 0-0 0-0 0. Totals 19-67 9-12, 50
Connecticut (8-0) 17 22 18 12 — 69
Atlanta (4-3) 17 10 16 7 — 50
Three-point goals: Connecticut 6-18 (Bonner 2-4, Carrington 1-2, Harris 3-9, Mitchell 0-1, Banham 0-2); Atlanta 3-16 (Gray 1-3, Charles 0-1, Howard 0-5, Jones 1-1, Coffey 0-2, Dangerfield 0-2, Powers 1-2)

Source link

Connecticut

TheKnightReport – Rutgers Football lands 2025 Connecticut WR target Jourdin Houston

Published

12 hours ago

June 2, 2024

Press Room

Rutgers Football Lands 2025 Connecticut WR Target Jourdin Houston

Richie O’Leary
•
TheKnightReport

Publisher

It’s been a very busy weekend for Rutgers Football as they have several commitments from prospects following their Official Visits and today they added yet another in Connecticut wide receiver Jourdin Houston.

The 6-foot, 184-pound wideout plays for St. Thomas More Prep up in Connecticut, but is actually a New York native, previously playing for Christ The King High School out in Middle Village, New York.

NOT A RIVALS SUBSCRIBER? JOIN TODAY AND GET 30 DAYS FREE!

Now Houston has been hearing from the Scarlet Knights for a while now as he was offered back in February 2023 and has been back to campus for visits several times since and has built a very strong bond with the staff, specifically his future position coach in Dave Brock.

With the addition of Houston, he becomes the second player from St. Thomas More to join Rutgers as they also landed Sage Clawges as a member of the 2023 recruiting class and they are very involved with Houston’s current teammate Charles Bell Jr. too, as the staff hopes to build a pipeline of sorts to the New England prep school.

With the addition of Houston, he becomes the third wide receiver recruit to join the 2025 class alongside Maryland’s Vernon Allen III and New Jersey’s Sah’nye Degraffenreidt.

Source link

Connecticut

Connecticut Breast Imaging Announces New Location In New Canaan

Published

18 hours ago

June 2, 2024

Press Room

Connecticut Breast Imaging Announces New Location In New Canaan

NEW CANAAN, CT — Connecticut Breast Imaging has announced a June 9 grand opening event for its newest state-of-the-art facility.

According to a news release provided by the company, the event will take place from 8 a.m. to 4 p.m. at 23 Vitti Street, Suite 100, during which Connecticut Breast Imaging will welcome the community to see the new space and meet the physicians and staff.

Mammograms will be available June 9 by appointment or walk-in, and physicians will be available to directly discuss results.

Connecticut Breast Imaging has also pledged to donate $25 to the Breast Cancer Alliance for each of the first 100 guests over the age of 18 during the New Canaan office’s grand opening event on June 9.

The Breast Cancer Alliance funds early-stage research, fellowships, education, and support for people on a breast cancer journey, according to the company.

With esteemed breast imaging radiologists Gilda Boroumand and Jaime Szarmach, Connecticut Breast Imaging in New Canaan is dedicated to providing a comprehensive range of breast imaging services, including mammography, breast ultrasound, and breast biopsies. The facility is equipped with the latest technology and staffed by highly trained professionals committed to delivering the finest interpretations and compassionate care, according to the company.

The practice’s new, cutting-edge center in New Canaan expands its commitment to delivering exceptional breast health services to the communities of New Canaan, Norwalk, Greenwich, Rowayton, Westport, Stamford, Bedford, Pound Ridge, Katonah and surrounding areas, according to the company.

“We are thrilled to bring Connecticut Breast Imaging’s exceptional level of care and expertise to the New Canaan community,” Boroumand said in a news release. “Our goal is to provide patients with the highest quality breast imaging services in a comfortable and supportive environment.”

Connecticut Breast Imaging in New Canaan is committed to delivering rapid reporting of imaging studies, with results typically available within 24 to 48 hours. This expedited turnaround time enables patients to make informed decisions about their breast health quickly and efficiently, according to the company.

“We are thrilled to establish our presence in this newly constructed medical building,” Szarmach said in a news release, “which will provide patients with a convenient location and easy access to our comprehensive breast health services.”

The new facility is conveniently located at 23 Vitti St, Suite 100, making it easily accessible to residents of New Canaan and neighboring communities. Connecticut Breast Imaging in New Canaan looks forward to serving as a trusted partner in the local community’s journey toward optimal breast health, according to the company.

With a focus on patient-centered care, advanced technology, and expert medical staff, the facility is poised to set a new standard of excellence in breast imaging services, according to the company.

More information is available here.

Source link