Law / United States / 
Colorado
HB 24-1058, Protect Privacy of Biological Data
C.R.S. sections 6-1-1303(2.5), 6-1-1303(16.7), 6-1-1303(24)(b)-(d) (2024 Colo. Sess. Laws ch. 68)
In force since .
A sensitive categories rule binding private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Treat data generated by measuring an individual's biological, genetic, biochemical, physiological, or neural properties, or central or peripheral nervous system activity, as sensitive data requiring the consumer's affirmative opt-in consent before you process it.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does the qualifier that biological data is "used or intended to be used ... for identification purposes" in C.R.S. 6-1-1303(2.5) also limit the neural data that the same definition says "biological data" includes?
What it makes you log
Logging duty
The act adds biological data (including neural data) to the definitions and to the list of sensitive data in the Colorado Privacy Act, so the existing sensitive-data duties apply to it. The act itself imposes no log or record duty and no audit; the data protection assessment duty that follows from processing sensitive data sits in section 6-1-1309, which the row does not cite. The act has no territorial clause of its own.
- Kind
- None
- As of
What this law does
Amends the Colorado Privacy Act's sensitive-data definition to add biological data (data from technological processing, measurement, or analysis of an individual's biological, genetic, biochemical, physiological, or neural properties, used or intended for identification) and neural data (information generated by measuring central or peripheral nervous system activity, processed by or with a device).
Extends the CPA's opt-in consent duty for sensitive data to both categories, the first such extension to neural data in a US comprehensive privacy statute.
When LexLint raises it
When your app profile says your app processes personal data.
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