At the IAPP Global Privacy Summit, Colorado Attorney General Phil Weiser announced the principles that would guide the CPA rulemaking process, after which his office published a white paper entitled Pre-Rulemaking Considerations for the CPA. In the white paper, the Colorado Department of Law (which is headed by the Attorney General) welcomes informal input from all members of the public about any aspect of the upcoming rulemaking process.
To enhance the public’s understanding of how the Office of the Attorney General will be approaching rulemaking, the white paper offers five principles to help implement the CPA: (1) promoting consumer rights; (2) clarifying ambiguities; (3) facilitating efficient and expeditious compliance; (4) harmonizing protections with other laws; and (5) allowing for innovation. The white paper explains that as the Department considers public input, it will examine how any recommendations and concerns address and advance these key principles. The white paper also provides topics and questions on which it specifically welcomes input, ranging from the universal opt out to dark patterns to data protection assessments.
The white paper is consistent with the Attorney General’s approach to date—i.e., seeking to elicit input from a diverse group of stakeholders to guide the drafting of balanced and impactful regulations. However, it should serve as a reminder to any companies or organizations that are considering providing input that they should do so soon.