Bloomberg Law
June 18, 2021, 7:34 PM

ANALYSIS: Stealth Conn. Privacy Bill Nearly Slipped Past Radar

Mark Smith, CIPP/US, CIPP/C, CIPM
Mark Smith, CIPP/US, CIPP/C, CIPM
Legal Analyst

Connecticut’s Consumer Data Privacy Act, which closely resembles the law recently enacted in Virginia, nearly slipped passed my radar and into law. Until the last minute, it was buried within an 837-page omnibus bill prepped and ready for the Connecticut governor’s signature.

Originally raised in SB 893, the text of Connecticut’s proposed privacy law was hidden in sections 66–77 of SB 1202, a bill that was transmitted to Governor Ned Lamont on June 17.

Inconspicuously titled “An act concerning provisions related to revenue and other items to implement the state budget for the biennium ending June 30, 2023,” SB 1202 had incorporated the full text of SB 893, which was originally introduced in February and received joint favorable reports from three legislative committees.

In a flurry of last-minute amendments, however, House LCO #11000 contained a simple statement: “Strike sections 66 to 77, inclusive, in their entirety and renumber the remaining sections and internal references accordingly.”

According to the Hartford Courant, Senate Majority Leader Bob Duff, who had sponsored the privacy measure, tersely remarked: “The lobbyists win. The consumers lose.” The Courant also reports that Duff intends to file the privacy bill again.

If not for the amendment, Connecticut’s privacy law would have entered into effect on Jan. 1, 2023—already a day of reckoning for privacy professionals, as that’s when the Virginia law goes into effect and when the bulk of the California Consumer Privacy Rights Act becomes operative.

All eyes, however, remain fixed on Colorado, where privacy legislation is sitting on the governor’s desk.

At least the Colorado measure offers a little consolation for frazzled privacy pros: an additional six months of prep time, as it does not come into effect until July 2023.

Bloomberg Law subscribers can find related content on our Privacy & Data Security Practice Center, which includes access to our CCPA vs. CPRA Text Comparison Tables and the privacy profiles of each U.S. state.

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