The CTDPA takes effect on July 1, 2023.

The CTDPA gives Connecticut residents certain rights over their personal data and establishes responsibilities and privacy protection standards for data controllers that process personal data. It protects a Connecticut resident acting in an individual or household context, such as browsing the Internet or making a purchase at a store. It does not protect an individual acting in an employment context, such as applying for a job.

The CTDPA applies to people who conduct business in Connecticut or who produce products or services targeted to Connecticut residents and that, during the prior calendar year, controlled or processed the personal data of:

• at least 100,000 consumers; or
• 25,000 or more consumers and derived over 25% of gross revenue from the sale of personal data.

However, the CTDPA applies to all Consumer Health Data Controllers who do business in Connecticut, regardless of their size or the nature of their data processing activities (see below section regarding Consumer Health Data Controllers).

The CTDPA also applies to service providers (called “processors”) that maintain or provide services involving personal data on behalf of covered businesses.

A controller is defined as an individual or legal entity that, independently or jointly with others, collects and processes personal data and is responsible for responding to consumer requests about the collection and processing of personal data.

The key distinction between a controller and a processor is their decision-making authority over personal data. Under the CTDPA, a processor may only process data at the request and under the direction of a controller. The processor is contractually bound by the controller’s instructions as to what the processor must and may do with personal data.

If a processor were to begin exercising decision-making authority with respect to the purposes and means of personal data processing, it would become a controller with respect to that processing and subject to the obligations imposed on controllers under the CTDPA.

A Consumer Health Data Controller is a controller that, alone or jointly with others, determines the purpose and means of processing Consumer Health Data.

The CTDPA applies to all Consumer Health Data Controllers who conduct business in CT or who produce products or services targeted to Connecticut residents. Unlike other types of controllers, there are no revenue or processing thresholds that a Consumer Health Data Controller must meet for the law to apply.

No. The non-profit exemption does not apply to Consumer Health Data Controllers.

• Providing employees or contractors with access to Consumer Health Data unless they are required to keep the data confidential;
• Providing any processor with Consumer Health Data without having a written contract in place that requires the processor to comply with the CTDPA, including keeping the data confidential;
• Using a geofence to establish a virtual boundary around a mental health, reproductive, or sexual health facility for the purpose of processing Consumer Health Data; and
• Selling, or offering to sell, Consumer Health Data without first obtaining the consumer’s consent.

Personal data is any information that can be linked to an identifiable individual, excluding publicly available information. Some examples of personal data include: a home address, a driver’s license or state identification number, passport information, a financial account number, login credentials, and payment card information.

Sensitive data is a subset of personal data that includes:

• Any data revealing racial or ethnic origins, religious beliefs, mental or physical health conditions or diagnoses, sexual activity or orientation, citizenship, or immigration status;
• Consumer Health Data – which means data used to identify a consumer’s physical or mental health condition or diagnosis, and includes, but is not limited to, gender-affirming health data and reproductive health data;
• Genetic or biometric data used to uniquely identify an individual;
• Personal data of a child under the age of 13; and
• Information that identifies an individual’s specific location with a defined degree of precision and accuracy (called “precise geolocation data”).

Under the CTDPA, a controller needs a consumer’s consent to process sensitive data.

Processing refers to any action a business may take with respect to personal data, including collecting, using, storing, selling, sharing, analyzing, or modifying the data.

The following entities are exempt from the CTDPA:

• State and local governments
• Nonprofit organizations (although nonprofit organizations are not exempt from the CTDPA provisions relating to Consumer Health Data)
• Financial institutions subject to the Gramm-Leach-Bliley Act (“GLBA”)
• National securities associations registered under the Securities Exchange Act of 1934
• Entities subject to the Health Insurance Portability and Accountability Act (“HIPAA”)
• Higher education institutions

The CTDPA also does not apply to certain types of personal data maintained in compliance with other laws, such as the GLBA, HIPAA, the Fair Credit Reporting Act, and the Family Educational Rights and Privacy Act, as well as personal data processed for certain specified purposes. For a complete list, see Section 3(b) of the CTDPA.

The CTDPA provides Connecticut residents the following enumerated rights:

• The right to access personal data that a controller has collected about them.
• The right to correct inaccuracies in their personal data.
• The right to delete their personal data, including personal data that a controller collected through third parties.
• The right to obtain a copy of their personal data in a portable and readily usable format that allows them to transfer the data to another controller with ease.
• The right to opt-out of:
  • the sale of their personal data;
  • the processing of personal data for the purposes of targeted advertising; and
  • profiling that may have a legal or other significant impact.

A consumer may directly contact the controller—through the channel(s) described in the controller’s required privacy notice—and request that it confirm whether it processes the consumer’s personal data.

A controller’s privacy notice must clearly describe how consumers may exercise their rights under the CTDPA. Among other methods, a controller must provide an easily accessible link on its website through which consumers can opt-out of targeted advertising or the sale of their personal data. Soon, consumers will also be able to opt-out through universal opt-out mechanisms.

Universal opt-out mechanisms are designed to afford consumers the ability to communicate a request to opt-out of the processing of their personal data across multiple websites at once, rather than having to make individual opt-out requests through each controller’s website. Under the CTDPA, universal opt-out mechanisms must be recognized by controllers as valid consumer requests beginning January 1, 2025.

Yes, a consumer can opt-out of the sale of personal data to third parties. A consumer can also designate a third party to opt-out on his or her behalf.

Yes. If a child’s personal data is being processed by a controller, the child’s parent or legal guardian may exercise rights on the child’s behalf. Controllers must follow all regulations concerning children’s online privacy established pursuant to the Children’s Online Privacy Protection Act (“COPPA”), including parental consent requirements. In addition, the CTDPA requires controllers to obtain opt-in consent before selling a consumer’s personal data, or processing personal data for the purposes of targeted advertising, when the consumer is under 16 years old.

The CTDPA also offers additional protections to minors under 18 years old when interacting with a controller that offers an online service, product, or feature to minors.

Yes, for certain specified reasons under the CTDPA. For example, a controller may deny a consumer’s request if fulfilling the request would restrict the controller’s ability to:

• Provide a product or service specifically requested by the consumer.
• Perform certain internal operations that reasonably align with consumer expectations.
• Issue a product recall or repair technical errors.
• Respond to and prevent security incidents, identity theft, and fraud.
• Comply with federal, state, or local law.

For more exceptions, see Section 10 of the CTDPA.

Yes. The CTDPA grants consumers the right to appeal a controller’s decision denying a consumer rights request. A controller has 60 days after receipt of an appeal to write back to the consumer, explaining any actions it has taken and reasons for refusing a consumer request. If the appeal is denied, the controller must give the consumer information to contact the Attorney General should the consumer wish to file a complaint.

A consumer can request information from a controller free once every 12 months. Under certain circumstances beyond the annual request, the controller may charge an administrative fee.

Among other obligations, controllers must:

• Provide notice regarding the types of personal data the controller processes, the purpose(s) for processing, whether and why the controller shares personal data with third parties, and information about how consumers can exercise their various rights (e.g. access, deletion) over their personal data.
• Limit collection of personal data to what is adequate, relevant, and reasonably necessary for the specific purpose(s) for which the data is processed (also known as “data minimization”).
• Obtain consent before processing a consumer’s sensitive data.
• Respond to requests to exercise consumer rights granted under the CTDPA.
• Conduct assessments before processing personal data in a manner that presents a heightened risk of harm to consumers (called “Data Protection Assessments”). This includes processing personal data for the purposes of targeted advertising, sale, or profiling, and processing sensitive data.
• Use reasonable safeguards to secure personal data.
• Not discriminate against consumers who exercise their rights under CTDPA or process personal data in a manner that would otherwise result in unlawful discrimination.

A controller must respond to a consumer’s requests no later than 45 days after receipt of the request. Under certain conditions, the controller may extend the response period by 45 days.

The Attorney General has exclusive authority to enforce violations of the Act.

No, the CTDPA does not include a private cause of action.

Yes. If the Attorney General determines that a controller could remedy a violation of the CTDPA, the Attorney General must give the controller notice of the violation before initiating a lawsuit. The controller then has 60 days to remedy the violation (called “the right to cure”). If, however, the Attorney General determines that it would not be possible for the controller to remedy the violation, no such notice or remedial opportunity is required. The right to cure sunsets on December 31, 2024.

Entities or individuals that violate the CTDPA may face civil penalties up to $5,000 per violation, pursuant to the Connecticut Unfair Trade Practices Act. In addition to civil penalties, the Attorney General can also seek injunctive relief, restitution, and/or disgorgement.

Some additional protections include requiring:

• That a controller shall use reasonable care to avoid any heightened risk of harm to minors;
• A controller shall not process a minor’s data for purposes of (i) targeted advertising, (ii) sale, or (iii) profiling without obtaining proper consent;
• A controller shall not use any design feature to significantly increase, sustain or extend any minor’s use of an online service, product or feature without consent;
• A controller shall not collect a minor’s precise geolocation data unless such collection is necessary, and the controller provides the minor a signal indicating that the controller is collecting such data that is available for the entire duration of the collection;
• A controller shall provide consent mechanisms that do not subvert or undermine user autonomy, decision-making, or choice;
• A controller shall not offer any direct messaging apparatus for use by minors without providing readily accessible and easy-to-use safeguards to limit the ability of adults to send unsolicited communications to minors with whom they are not connected;
• A controller must conduct data protection assessments for any online product, service, or feature offered to minors.