Connecticut 2023 Regular Session Status: Enacted Bipartisan · 25 D · 7 R cosponsors

SB 3 — AN ACT CONCERNING ONLINE PRIVACY, DATA AND SAFETY PROTECTIONS.

Last action — SIGNED BY GOVERNOR

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 04, 2023. Enacted.

Signed by Governor Ned Lamont (Democratic) on June 26, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 37 sponsors

    37 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (25 D · 7 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1207 added · 1964 removed

1207 line(s) added, 1964 removed.

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Senate General Assembly File No.
Substitute Senate Bill No.
604 January Session, 2023 Substitute Senate Bill No.
3 Public Act No.
3 Senate, April 17, 2023 The Committee on Judiciary reportedthrough SEN.
23-56 AN ACT CONCERNING ONLINE PRIVACY, DATA AND SAFETY PROTECTIONS.
WINFIELD of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING ONLINE PRIVACY, DATA AND SAFETY PROTECTIONS.
(NEW) (Effective July 1, 2025) (a) For the purposes of this section, unless the context otherwise requires:
Section 42-515 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2023):
(1) "Abortion" means terminating a pregnancy for any purpose other than producing a live birth;
As used in this section and sections 42-516 to 42-525, inclusive, as amended by this act, and section 2 of this act, unless the context otherwise requires:
(2) "Affiliate" means any legal entity that (A) shares common branding with another legal entity, and (B) controls, is controlled by or is under common control with another legal entity through (i) ownership of, or the power to vote, more than fifty per cent of the outstanding shares of any class of voting securities in either legal entity, (ii) control over the election of a majority of the directors of either legal entity or individuals exercising similar functions of the directors of either legal entity, or (iii) the power to exercise a controlling influence over the management of either legal entity;
(1) "Abortion" means terminating a pregnancy for any purpose other than producing a live birth.
sSB3 / File No.
[(1)] (2) "Affiliate" means a legal entity that shares common branding with another legal entity or controls, is controlled by or is under common control with another legal entity.
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For the purposes of this subdivision, "control" [or] and "controlled" [means] mean (A) ownership of, or the power to vote, more than fifty per cent of the outstanding shares of any class of voting security of a company, (B) control in any manner over the election of a majority of the directors or of individuals exercising similar functions, or (C) the power to exercise controlling influence over the management of a company.
604 (3) "Biometric data" has the same meaning as provided in section 42- 515 of the general statutes;
Substitute Senate Bill No.
(4) "Collect" means to buy, rent, access, retain, receive, acquire, infer, derive or otherwise process consumer health data in any manner;
3 [(2)] (3) "Authenticate" means to use reasonable means to determine that a request to exercise any of the rights afforded under subdivisions (1) to (4), inclusive, of subsection (a) of section 42-518 is being made by, or on behalf of, the consumer who is entitled to exercise such consumer rights with respect to the personal data at issue.
(5) "Consent" has the same meaning as provided in section 42-515 of the general statutes;
[(3)] (4) "Biometric data" means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, a voiceprint, eye retinas, irises or other unique biological patterns or characteristics that are used to identify a specific individual.
(6) "Consumer" has the same meaning as provided in section 42-515 of the general statutes;
"Biometric data" does not include (A) a digital or physical photograph, (B) an audio or video recording, or (C) any data generated from a digital or physical photograph, or an audio or video recording, unless such data is generated to identify a specific individual.
(7) "Consumer health data" (A) means any personal information that is linked, or reasonably linkable, to a consumer and identifies the consumer's past, present or future physical or mental health, including, but not limited to, any (i) individual health condition, treatment, status, disease or diagnosis, (ii) social, psychological, behavioral or medical intervention, (iii) health-related surgery or procedure, (iv) use or purchase of medication, (v) bodily function, vital sign or symptom or any measurement of any such function, sign or symptom, (vi) diagnosis or diagnostic testing, treatment or medication, (vii) gender-affirming care information, (viii) reproductive or sexual health information, (ix) biometric data concerning the information described in this subparagraph, (x) genetic data concerning the information described in this subparagraph, (xi) precise location information that could reasonablyindicatesuchconsumer'sattempttoacquireorreceivehealth services or supplies, or (xii) information described in subparagraphs (A)(i) to (A)(xi), inclusive, of this subdivision that is derived or extrapolated from non-health information such as proxy, derivative, inferred or emergent data derived or extrapolated by any means, including, but not limited to, algorithms or machine learning, and (B) does not include any personal information that is used to engage in any public or peer-reviewed scientific, historical or statistical research, provided such research (i) is in the public interest, (ii) adheres to all other applicable ethics and privacy laws, and (iii) is approved, monitored and governed by an institutional review board, human subjects research ethics review board or another similar independent sSB3 / File No.
[(4)] (5) "Business associate" has the same meaning as provided in HIPAA.
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[(5)] (6) "Child" has the same meaning as provided in COPPA.
604 oversight entity that determines that the regulated entity has implemented reasonable safeguards to mitigate privacy risks associated with such research, including, but not limited to, any risks associated with re-identification;
[(6)] (7) "Consent" means a clear affirmative act signifying a consumer's freely given, specific, informed and unambiguous agreement to allow the processing of personal data relating to the consumer.
(8) "De-identified data" has the same meaning as provided in section 42-515 of the general statutes;
"Consent" may include a written statement, including by electronic means, or any other unambiguous affirmative action.
(9) "Gender-affirming care information" means any personal information concerning seeking or obtaining past, present or future gender-affirming care services, including, but not limited to, (A) any preciselocationinformationthatcouldreasonablyindicateaconsumer's attempt to seek or obtain gender-affirming care services, (B) any personal information concerning any effort made to research or obtain gender-affirming care services, or (C) any gender-affirming care information that is derived, extrapolated or inferred, including, but not limited to, any suchinformationthat isderived,extrapolatedor inferred from non-health information such as proxy, derivative, inferred, emergent or algorithmic data;
"Consent" does not include (A) acceptance of a general or broad terms of use or similar document that contains descriptions of personal data processing along with other, unrelated information, (B) hovering over, muting, pausing or closing a given piece of content, or (C) agreement obtained through the use of dark patterns.
(10) "Gender-affirming care services" (A) means health services or products that support and affirm any consumer's gender identity, including, but not limited to, social, psychological, behavioral, cosmetic, medical or surgical interventions, and (B) includes, but is not limited to, treatments for gender dysphoria, gender-affirming hormone therapy and gender-affirming surgical procedures;
[(7)] (8) "Consumer" means an individual who is a resident of this state.
(11) "Genetic data" means any data, regardless of format, concerning a consumer's genetic characteristics and includes, but is not limited to, (A) raw sequence data that result from the sequencing of a consumer's complete extracted DNA or a portion of such extracted DNA, (B) genotypic and phenotypic information that results from analyzing such raw sequence data, and (C) self-reported health data that a consumer submits to a regulated entity and is analyzed in connection with such raw sequence data;
"Consumer" doesnot include an individual acting in a commercial or employment context or as an employee, owner, director, officer or Public Act No.
(12) "Geofence" means any technology that uses global positioning sSB3 / File No.
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3 contractor of a company, partnership, sole proprietorship, nonprofit or government agency whose communications or transactions with the controller occur solely within the context of that individual's role with thecompany,partnership,soleproprietorship,nonprofitorgovernment agency.
604 coordinates, cell tower connectivity, cellular data, radio frequency identification, wireless fidelity technology data or any other form of locationdetection,oranycombinationofsuchcoordinates,connectivity, data, identification or other form of location detection, to establish a virtual boundary that is within two thousand feet of the perimeter around any physical location;
(9) "Consumer health data" means any personal data that a controller uses 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 or sexual health data.
(13) "Health care service" means any service provided to any consumer to assess, measure, improve or learn about such consumer's health, including, but not limited to, any service provided to assess, measure, improve or learn about any (A) individual health condition, status, disease or diagnosis, (B) social, psychological, behavioral or medical intervention, (C) health-related surgery or procedure, (D) use or purchase of medication, (E) bodily function, vital sign or symptom or any measurement of any such function, sign or symptom, (F) diagnosis or diagnostic testing, treatment or medication, (G) reproductive or sexual health service, or (H) gender-affirming care services;
(10) "Consumer health data controller" means any controller that, alone or jointly with others, determines the purpose and means of processing consumer health data.
(14) "Person" means any individual, corporation, trust, unincorporated association or partnership, but does not include any government agency, tribal nation government organization or contracted service provider when such service provider is processing consumer health data on behalf of a government agency;
[(8)] (11) "Controller" means [an individual] a person who, [or legal entity that,] alone or jointly with others, determines the purpose and means of processing personal data.
(15) "Personal information" (A) means any information that identifies, or isreasonably capableof being associatedor linked,directly or indirectly, with any consumer, (B) includes, but is not limited to, any data associated with a persistent unique identifier such as an Internet browser cookie, Internet protocol address, device identifier or any other form of persistent unique identifier, and (C) does not include any publicly available information or de-identified data;
[(9)] (12) "COPPA" means the Children's Online Privacy Protection Act of 1998, 15 USC 6501 et seq., and the regulations, rules, guidance and exemptions adopted pursuant to said act, as said act and such regulations, rules, guidance and exemptions may be amended from time to time.
(16) "Precise location information" has the same meaning as provided in section 42-515 of the general statutes;
[(10)] (13) "Covered entity" has the same meaning as provided in HIPAA.
(17) "Process" and "processing" mean any operation or set of operations performed on consumer health data;
[(11)] (14) "Dark pattern" [(A)] means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making or choice, and [(B)] includes, but is not limited to, any practice the Federal Trade Commission refers to as a "dark pattern".
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[(12)] (15) "Decisions that produce legalor similarly significant effects Public Act No.
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604 (18) "Processor" has the same meaning as provided in section 42-515 of the general statutes;
3 concerning the consumer" means decisions made by the controller that result in the provision or denial by the controller of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services or access to essential goods or services.
(19) "Publicly available information" has the same meaning as provided in section 42-515 of the general statutes;
[(13)] (16) "De-identified data" means data that cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual, or a device linked to such individual, if the controller that possesses such data (A) takes reasonable measures to ensure that such data cannot be associated with an individual, (B) publicly commits to process such data only in a de-identified fashion and not attempt to re-identify such data, and (C) contractually obligates any recipients of such data to satisfy the criteria set forth in subparagraphs (A) and (B) of this subdivision.
(20) "Regulated entity" (A) means any legal entity that (i) does business in this state or produces or provides goods or services that are targeted to consumers in this state, and (ii) alone or jointly with others, determines the purpose and means of collecting, processing, sharing or selling consumer health data, and (B) does not mean any government agency, tribal nation government organization or contracted service provider when such service provider is processing consumer health data on behalf of a government agency;
(17) "Gender-affirming health care services" has the same meaning as provided in section 52-571n.
(21) "Reproductive or sexual health information" (A) means any personal information concerning seeking or obtaining past, present or future reproductiveorsexualhealthservices,and(B)includes,but is not limited to, (i) any precise location information that could reasonably indicate a consumer's attempt to acquire or receive reproductive or sexual health services, (ii) any personal information concerning any effort made to research or obtain reproductive or sexual health services, and (iii) any personal information or location information described in this subdivision that is derived, extrapolated or inferred, including, but not limited to, any such information that is derived, extrapolated or inferred from any non-health information such as proxy, derivative, inferred, emergent or algorithmic data;
(18) "Gender-affirming health data" means any personal data concerning an effort made by a consumer to seek, or a consumer's receipt of, gender-affirming health care services.
(22) "Reproductive or sexual health service" means any health service or product that supports or concerns any consumer's reproductive system or sexual well-being, including, but not limited to, any health service or product that supports or concerns any (A) individual health condition, status, disease or diagnosis, (B) social, psychological, behavioral or medical intervention, (C) health-related surgery or procedure, including, but not limited to, an abortion, (D) use or purchase of any medication, including, but not limited to, any medication used or purchased for the purposes of an abortion, (E) sSB3 / File No.
(19) "Geofence" means any technology that uses global positioning coordinates, cell tower connectivity, cellular data, radio frequency identification, wireless fidelity technology data or any other form of locationdetection,oranycombinationofsuch coordinates,connectivity, data, identification or other form of location detection, to establish a virtual boundary.
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[(14)] (20) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d et seq., as amended from time to time.
604 bodily function, vital sign or symptom or any measurement of any such function,signor symptom,(F)diagnosisor diagnostictesting,treatment or medication, and (G) medical or nonmedical service concerning and provided in conjunction with an abortion, including, but not limited to, any diagnostics, counseling,suppliesandfollow-upservicesconcerning and provided in conjunction with an abortion;
[(15)] (21) "Identified or identifiable individual" means an individual Public Act No.
(23) "Sale" or "sell" (A) means sharing consumer health data for monetary or other valuable consideration, and (B) does not include sharing consumer health data for monetary or other valuable consideration (i) to a third party as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which the third party assumes control of all or part of the regulated entity's assets and complies with the requirements established in this section, or (ii) by a regulated entity to a processor when sharing such consumer health data is consistent with the purpose for which the consumer health data was collected and disclosed to the consumer;
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(24) "Service provider" means any person that processes consumer health data on behalf of a regulated entity;
3 who can be readily identified, directly or indirectly.
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(25) "Share" and "sharing" (A) mean any release, disclosure, dissemination, divulsion, making available, provision of access to, licensing or communication, orally, in writing or by electronic or any other means, of consumer health data by a regulated entity to a third party or affiliate, and (B) do not include (i) any disclosure of consumer health data by a regulated entity to a processor if such disclosure is to provide goods or services in a manner that is consistent with the purpose for which such data was collected and disclosed to the consumer, (ii) any disclosure of consumer health data made to a third party with whom the consumer has a direct relationship when (I) such disclosure is made for the purpose of providing a product or service requested by such consumer, (II) the regulated entity maintains control and ownership of such data, and (III) the third party exclusively uses such data at the regulated entity's direction and in a manner that is consistent with the purpose for which such data was collected and sSB3 / File No.
[(16)] (22) "Institution of higher education" means any individual who, or school, board, association, limited liability company or corporation that, is licensed or accredited to offer one or more programs of higher learning leading to one or more degrees.
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(23) "Mental health facility" means any health care facility in which at least seventy per centofthehealthcare services providedinsuchfacility are mental health services.
604 disclosed to the consumer, or (iii) any disclosure or transfer of consumer health data made to a third party as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which the third party assumes control of all or part of the regulated entity's assets and complies with the requirements established in this section;
[(17)] (24) "Nonprofit organization" means any organization that is exempt from taxation under Section 501(c)(3), 501(c)(4), 501(c)(6) or 501(c)(12) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.
and (26) "Third party" means any entity other than a consumer, regulated entity or affiliate of a regulated entity.
(25) "Person" means an individual, association, company, limited liability company, corporation,partnership,soleproprietorship,trust or other legal entity.
(b) Notwithstanding any provision of the general statutes, each regulated entity shall:
[(18)] (26) "Personal data" means any information that is linked or reasonably linkable to an identified or identifiable individual.
(1) Restrict access to consumer health data by the employees, processors and contractors of such regulated entity:
"Personal data" does not include de-identified data or publicly available information.
(A) To those employees, processors and contractors for which the consumer to whom such data relates has provided consent;
[(19)] (27) "Precise geolocation data" means information derived from technology, including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of an individual with precision and accuracy within a radius of one thousand seven hundred fifty feet.
or (B) Where such access is necessary to provide to the consumer to whom such data relates a product or service that such consumer has requested from such regulated entity;
"Precise geolocation data" does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.
(2) Establish, implement and maintain administrative, technical and physical data security practices that, at a minimum, satisfy a reasonable standard of care within such regulated entity's industry to protect the confidentiality, integrity and accessibility of consumer health data in a manner that is appropriate for the volume and nature of such consumer health data;
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and (3) (A) Not collect or share consumer health data concerning any consumer (i) without having first obtained such consumer's consent to collect or share such consumer health data for a specified purpose, (ii) beyond what is reasonably necessary, proportionate and limited to provide or maintain (I) a specific product or service requested by such consumer, or (II) any communication by such regulated entity to such consumer that is reasonably anticipated within the context of their relationship, or (iii) for any purpose that is not expressly permitted under the provisions of this section.
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3 [(20)] (28) "Process" [or] and "processing" [means] mean any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as thecollection,use, storage, disclosure,analysis,deletionor modification of personal data.
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[(21)] (29) "Processor" means [an individual] a person who [, or legal entity that,] processes personal data on behalf of a controller.
604 (B) The consent required under subparagraph (A) of this subdivision shall (i) be separately and distinctly obtained for collecting and sharing consumer health data, and (ii) clearly and conspicuously disclose (I) the categories of consumer health data collected or shared, (II) the purpose of collecting or sharing the consumer health data, including, but not limited to, the specific ways in which such consumer health data will be used, (III) the categories of entities with which the consumer health data will be shared, and (IV) how the consumer may withdraw consent from any future collection or sharing of such consumer's consumer health data.
[(22)] (30) "Profiling" means any form of automated processing performed on personal data to evaluate, analyze or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
(c) (1) Notwithstanding any provision of the general statutes, no person shall:
[(23)] (31) "Protected health information" has the same meaning as provided in HIPAA.
(A) Sell, or offer to sell, consumer health data without first obtaining the consumer's signed, written consent on a form described in subdivision (2) of this subsection;
[(24)] (32) "Pseudonymous data" means personal data that cannot be attributed to a specific individual without the use of additional information, provided such additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual.
or (B) Implement a geofence to identify, track, collect data from or send notifications or messages to a consumer that enters thevirtual perimeter around a health care provider or health care facility providing health care services on an in-person basis.
[(25)] (33) "Publicly available information" means information that (A) is lawfully made available through federal, state or municipal government records or widely distributed media, and (B) a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.
(2) Prior to selling, or offering to sell, a consumer's consumer health data, the person who intends to sell, or offer to sell, such consumer health data shall provide to the consumer a form containing:
(34) "Reproductive or sexual health care" means any health care- related services or products rendered or provided concerning a consumer'sreproductivesystemorsexualwell-being,including,but not limited to, any suchservice or product renderedor providedconcerning Public Act No.
(A) A description of the consumer health data to be offered or sold;
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(B) The name of, and contact information for, the person who collected and intends to sell, or offer to sell, such consumer health data;
3 (A) an individual health condition, status, disease, diagnosis, diagnostic test or treatment, (B) a social, psychological, behavioral or medical intervention, (C) a surgery or procedure, including, but not limited to, an abortion, (D) a use or purchase of a medication, including, but not limited to, a medication used or purchased for the purposes of an abortion, (E) a bodily function, vital sign or symptom, (F) a measurement of a bodily function, vital sign or symptom, or (G) an abortion, including, but not limited to, medical or nonmedical services, products, diagnostics, counseling or follow-up services for an abortion.
(C) The name of, and contact information for,the person who intends to purchase such consumer health data from the person described in subparagraph (B) of this subdivision;
(35) "Reproductive or sexual health data" means any personal data concerning an effort made by a consumer to seek, or a consumer's receipt of, reproductive or sexual health care.
(D) A description of the purpose of such proposed offer or sale, including, but not limited to,a descriptionof how such consumer health sSB3 / File No.
(36) "Reproductive or sexual health facility" means any health care facility in which at least seventy per cent of the health care-related services or products rendered or provided in such facility are reproductive or sexual health care.
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[(26)](37)"Saleofpersonaldata"meanstheexchangeofpersonaldata for monetary or other valuable consideration by the controller to a third party.
604 data will be gathered and how the person described in subparagraph (C) of this subdivision intends to use such consumer health data;
"Sale of personal data" does not include (A) the disclosure of personal data to a processor that processes the personal data on behalf of the controller, (B) the disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer, (C) the disclosure or transfer of personal data to an affiliate of the controller, (D) the disclosure of personal data where the consumer directs the controller to disclose the personal data or intentionally uses thecontrollerto interact withathirdparty,(E)thedisclosure ofpersonal data that the consumer (i) intentionally made available to the general public via a channel of mass media, and (ii) did not restrict to a specific audience, or (F) the disclosure or transfer of personal data to a third party as an asset that is part of a merger, acquisition, bankruptcy or other transaction, or a proposed merger, acquisition, bankruptcy or Public Act No.
(E) A statement disclosing that the provision of goods or services shall not be made conditional on such consumer signing such form;
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(F) A statement disclosing that such consumer has a right to revoke such consumer's consent at any time and a description of how such consumer may revoke such consent;
3 other transaction, in which the third party assumes control of all or part of the controller's assets.
(G) A statement disclosing that any consumer health data sold pursuant to this subsection may be subject to redisclosure by the person described in subparagraph (C) of this subdivision and may no longer be protected under this section following such redisclosure;
[(27)] (38) "Sensitive data" means personal data that includes (A) data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation or citizenship or immigration status, (B) consumer health data, (C) the processing of genetic or biometric data for the purpose of uniquely identifying an individual, [(C)](D)personaldatacollectedfromaknownchild, [or (D)] (E)dataconcerninganindividual'sstatusasavictimofcrime,asdefined in section 1-1k, or (F) precise geolocation data.
(H) An expiration date for such consent, which date shall be not later than one year after such consumer signs such form;
[(28)](39)"Targeted advertising"meansdisplaying advertisementsto a consumer where the advertisement is selected based on personal data obtainedorinferredfromthatconsumer'sactivitiesovertimeandacross nonaffiliated Internet web sites or online applications to predict such consumer's preferences or interests.
and (I) Such consumer's signature and the date on which such consumer signs such form.
"Targeted advertising" does not include (A) advertisements based on activities within a controller's own Internet web sites or online applications, (B) advertisements based on thecontextofa consumer'scurrent searchquery,visit to anInternetweb site or online application, (C) advertisements directed to a consumer in response to the consumer's request for information or feedback, or (D) processing personal data solely to measure or report advertising frequency, performance or reach.
(3) No form required under subparagraph (A) of subdivision (1) of this subsection shall be valid if:
[(29)] (40) "Third party" means [an individual or legal entity] a person, such as a public authority, agency or body, other than the consumer, controller or processor or an affiliate of the processor or the controller.
(A) The expiration date on such form has passed;
[(30)] (41) "Trade secret" has the same meaning as provided in section 35-51.
(B) Such form does not satisfy the requirements established in subdivision (2) of this subsection;
(C) The consumer has revoked such consumer's consent;
(D) Such form has been combined with any other document for the purpose of obtaining consent concerning multiple sales, or offers to sell, consumer health data;
or (E)The provisionofgoodsor servicesisconditionedontheconsumer signing such form.
(4) Each person who provides a form to a consumer pursuant to sSB3 / File No.
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604 subdivision (2) of this subsection shall provide a signed copy of such form to the consumer who signed such form.
(5) Each person who sells or purchases consumer health data in the manner described in this subsection shall retain a copy of each form required under subdivision (2) of this subsection for a period of at least six years beginning on the date the consumer signed such form or the last date such form was effective, whichever is later.
(d) A processor may process consumer health data only pursuant to a binding contract between the processor and a regulated entity, which contract shall set forth the processing instructions for, and limit the actions which the processor may take with respect to, the consumer health data such processor processes on behalf of the regulated entity.
The processor shall not process consumer health data in a manner that is inconsistent with the terms of such contract.
The processor shall assist the regulated entity by taking all appropriate and possible technical and organizational measures that are necessary for such regulated entity to perform such regulated entity's duties under this section.
If the processor failsto adhere to theregulatedentity'sprocessing instructions or processes consumer health data in a manner that is outside the scope of such contract, such processor shall be deemed to constitute a regulated entity and shall be subject to all provisions of this section concerning regulated entities.
(e) Any violation of the provisions of this section shall constitute an unfair trade practice under subsection (a) of section 42-110b of the general statutes and shall be enforced solely by the Attorney General.
Nothing in this section shall be construed to create a private right of action or to provide grounds for an action under section 42-110g of the general statutes.
(NEW) (Effective July 1, 2023) (a) (1) Except as provided in Public Act No.
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3 subsection (b) of this section, subsections (b) and (c) of section 42-517 of the general statutes, as amended by this act, and section 42-524 of the general statutes, as amended by this act, no person shall:
(A) Provide any employee or contractor with access to consumer health data unless the employee or contractor is subject to a contractual or statutory duty of confidentiality;
(B) provide any processor with access to consumer health data unless such person and processor comply with section 42- of the general statutes;
(C) use a geofence to establish a virtual boundary that is within one thousand seven hundred fifty feet of any mental health facility or reproductive or sexual health facility for the purpose of identifying, tracking, collecting data from or sending any notification to a consumer regarding the consumer's consumer health data;
or (D) sell, or offer to sell, consumer health data without first obtaining the consumer's consent.
(2) Notwithstanding section 42-516 of the general statutes, the provisions of subsection (a) of this section, and the provisions of section 42-515, as amended by this act, and sections 42-517 to 42-525, inclusive, of the general statutes, as amended by this act, concerning consumer health data and consumer health data controllers, apply to persons that conduct business in this state and persons that produce products or services that are targeted to residents of this state.
(b) The provisions of subsection (a) of this section shall not apply to any:
(1) Body, authority, board, bureau, commission, district or agency of this state or of any political subdivision of this state;
(2) person who has entered into a contract with any body, authority, board, bureau, commission, district or agency described in subdivision (1) of this subsection while such person is processing consumer health data on behalf of such body, authority, board, bureau, commission, district or agency pursuant to such contract;
(3) institution of higher education;
(4) national securities association that is registered under 15 USC 78o-3 of the Securities Exchange Act of 1934, as amended from time to time;
(5) Public Act No.
23-56 9 of 39 Substitute Senate Bill No.
3 financial institution or data subject to Title V of the Gramm-Leach-Bliley Act, 15 USC 6801 et seq.;
(6) covered entity or business associate, as defined in 45 CFR 160.103;
(7) tribal nation government organization;
or (8)air carrier, asdefined in49USC40102,asamendedfromtime totime, and regulated under the Federal Aviation Act of 1958, 49 USC 40101 et seq., andtheAirline DeregulationAct of1978,49USC 41713,assaidacts may be amended from time to time.
Sec.
3.
Subsections (a) to (c), inclusive, of section 42-517 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2023):
(a) The provisions of sections 42-515 to 42-525, inclusive, as amended by this act, do not apply to any:
(1) Body, authority, board, bureau, commission, district or agency of this state or of any political subdivision of this state;
(2) person who has entered into a contract with any body, authority, board, bureau, commission, district or agency described in subdivision (1) of this subsection while such person is processing consumer health data on behalf of such body, authority, board,bureau,commission,district or agencypursuant to suchcontract;
(3) nonprofit organization;
[(3)] (4) institution of higher education;
[(4)] (5) national securities association that is registered under 15 USC 78o-3 of the Securities Exchange Act of 1934, as amended from time to time;
[(5)] (6) financial institution or data subject to Title V of the Gramm- Leach-Bliley Act, 15 USC 6801 et seq.;
[or (6)] (7) covered entity or business associate, as defined in 45 CFR 160.103;
(8) tribal nation government organization;
or (9) air carrier, as defined in 49 USC 40102, as amended from time to time, and regulated under the Federal Aviation Act of 1958, 49 USC 40101 et seq., and the Airline Deregulation Act of 1978, 49 USC 41713, as said acts may be amended from time to time.
(b)Thefollowing informationanddataisexempt fromtheprovisions of sections 42-515 to 42-525, inclusive, as amended by this act, and Public Act No.
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3 section 2 of this act:
(1) Protected health information under HIPAA;
(2) patient-identifying information for purposes of 42 USC 290dd-2;
(3) identifiableprivateinformationforpurposesofthefederalpolicy forthe protection of human subjects under 45 CFR 46;
(4) identifiable private information that is otherwise information collected as part of human subjectsresearchpursuanttothegoodclinicalpracticeguidelinesissued by the International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use;
(5) the protection of human subjects under 21 CFR Parts 6, 50 and 56, or personal data used or shared in research, as defined in 45 CFR 164.501, that is conducted in accordance with the standards set forth in this subdivision and subdivisions (3) and (4) of this subsection, or other research conducted in accordance with applicable law;
(6) information and documents created for purposes of the Health Care Quality Improvement Act of 1986, 42 USC 11101 et seq.;
(7) patient safety work product for purposes of section 19a-127o and the Patient Safety and Quality Improvement Act, 42 USC 299b-21 et seq., as amended from time to time;
(8) information derived from any of the health [care related] care-related information listed in this subsection that is de-identified in accordance with the requirements for de-identification pursuant to HIPAA;
(9) information originating from and intermingled to be indistinguishable with, or information treated in the same manner as, information exempt under this subsection that is maintained by a covered entity or business associate, program or qualified service organization, as specified in 42 USC 290dd-2, as amended from time to time;
(10) information used for public health activities and purposes as authorized by HIPAA, community health activities and population health activities;
(11) the collection, maintenance, disclosure, sale, communication or use of any personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living by a consumer reporting agency, furnisher or userthatprovidesinformationfor use inaconsumerreport, and by a user of a consumer report, but only to the extent that such Public Act No.
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3 activity is regulated by and authorized under the Fair Credit Reporting Act, 15 USC 1681 et seq., as amended from time to time;
(12) personal data collected, processed, sold or disclosed in compliance with the Driver's Privacy Protection Act of 1994, 18 USC 2721 et seq., as amended from time to time;
(13) personal data regulated by the Family Educational Rights and Privacy Act, 20 USC 1232g et seq., as amended from time to time;
(14) personal data collected, processed, sold or disclosed in compliance with the Farm Credit Act, 12 USC 2001 et seq., as amended from time to time;
(15) data processed or maintained (A) in the course of an individual applying to, employed by or acting as an agent or independent contractor of a controller, processor, consumer health data controller or third party, to the extent that the data is collected and used within the context of that role, (B) as the emergency contact information of an individual under sections 42-515 to 42-525, inclusive, as amended by this act, and section 2 of this act used for emergency contact purposes, or (C) that is necessary to retain to administer benefits for another individual relating to the individual who is the subject of the information under subdivision (1) of this subsection and used for the purposes of administering such benefits;
and (16) personal data collected, processed, sold or disclosed in relation to price, route or service, as such terms are used in the [Airline Deregulation Act] Federal Aviation Act of 1958, 49 USC 40101 et seq., [as amended from time to time, by an air carrier subject to said act, to the extent sections 42-515 to 42-525, inclusive, are preempted by] and the Airline Deregulation Act of 1978, 49 USC 41713, as said acts may be amended from time to time.
(c) Controllers, [and] processors and consumer health data controllers that comply with the verifiable parental consent requirements of COPPA shall be deemed compliant with any obligation to obtain parental consent pursuant to sections 42-515 to 42-525, inclusive, as amended by this act, and section 2 of this act.
Public Act No.
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3 Sec.
4.
Subsection (a) of section 42-520 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2023):
(a) A controller shall:
(1) Limit the collection of personal data to what is adequate, relevant and reasonably necessary in relation to the purposesfor whichsuchdataisprocessed,asdisclosedto theconsumer;
(2) except as otherwise provided in sections 42-515 to 42-525, inclusive, as amended by this act, not process personal data for purposes that are neither reasonably necessary to, nor compatible with, the disclosed purposes for which such personal data is processed, as disclosed to the consumer, unless the controller obtains the consumer's consent;
(3) establish, implement and maintain reasonable administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of personal data appropriate to the volume and nature of the personal data at issue;
(4) not process sensitive data concerning a consumer without obtaining theconsumer's consent, or, in the case of the processing of sensitive data concerning a known child, without processing such data in accordance with COPPA;
(5) not process personal data in violation of the laws of this state and federal laws that prohibit unlawful discrimination against consumers;
(6) provide an effective mechanism for a consumer to revoke the consumer's consent under this section that is at least as easy as the mechanism by which the consumer provided the consumer's consent and, upon revocation of such consent, cease to process the data as soon as practicable, but not later than fifteen days after the receipt of such request;
and (7) not process the personal data of a consumer for purposes of targeted advertising, or sell the consumer's personal data withouttheconsumer'sconsent,undercircumstanceswhereacontroller has actual knowledge, [and] or wilfully disregards, that the consumer is at least thirteen years of age but younger than sixteen years of age.
A controller shall not discriminate against a consumer for exercising any of the consumer rights contained in sections 42-515 to 42-525, inclusive, Public Act No.
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3 as amended by this act, including denying goods or services, charging different prices or rates for goods or services or providing a different level of quality of goods or services to the consumer.
Sec.
5.
Section 42-524 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2023):
(a)Nothing insections 42-515to 42-525,inclusive, asamendedby this act, or section 2 of thisact shall be construed to restrict a controller's,[or] processor's or consumer health data controller's ability to:
(1) Comply with federal, state or municipal ordinances or regulations;
(2) comply with a civil, criminal or regulatory inquiry, investigation, subpoena or summons by federal, state, municipal or other governmental authorities;
(3) cooperate with law enforcement agencies concerning conduct or activity that the controller, [or] processor or consumer health data controller reasonably and in good faith believes may violate federal, state or municipal ordinances or regulations;
(4) investigate, establish, exercise, prepare for or defend legal claims;
(5) provide a product or service specifically requested by a consumer;
(6) perform under a contract to which a consumer is a party, including fulfilling the terms of a written warranty;
(7) take steps at the request of a consumer prior to entering into a contract;
(8) take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or another individual, and where the processing cannot be manifestly based on another legal basis;
(9) prevent, detect, protect against or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities or any illegal activity, preserve the integrity or security of systems or investigate, report or prosecute those responsible for any such action;
(10) engage in public or peer-reviewed scientific or statistical research in the public interest that adheres to all other applicable ethics and privacy laws and is approved, monitored and governed by an institutional review board that determines, or similar independent oversight entities that determine, (A) whether the Public Act No.
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3 deletion of the information is likely to provide substantial benefits that do not exclusively accrue to the controller or consumer health data controller,(B)theexpectedbenefitsoftheresearchoutweightheprivacy risks, and (C) whether the controller or consumer health data controller has implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with re- identification;
(11) assist another controller, processor, consumer health data controller or third party with any of the obligations under sections 42-515 to 42-525, inclusive, as amended by this act, or section 2 of this act;
or (12)processpersonaldataforreasonsofpublicinterest inthearea of public health, community health or population health, but solely to the extent that such processing is (A) subject to suitable and specific measures to safeguard the rights of the consumer whose personal data is being processed, and (B) under the responsibility of a professional subject to confidentiality obligations under federal, state or local law.
(b) The obligations imposed on controllers, [or] processors or consumer health data controllers under sections 42-515 to 42-525, inclusive, as amended by this act, and section 2 of this act shall not restrict a controller's, [or] processor's or consumer health data controller's ability to collect, use or retain data for internal use to:
(1) Conduct internal research to develop, improve or repair products, services or technology;
(2) effectuate a product recall;
(3) identify and repair technical errors that impair existing or intended functionality;
or (4) perform internal operations that are reasonably aligned with the expectations of the consumer or reasonably anticipated based on the consumer's existing relationship with the controller or consumer health data controller, or are otherwise compatible with processing data in furtherance of the provision of a product or service specifically requested by a consumer or the performance of a contract to which the consumer is a party.
(c) The obligations imposed on controllers, [or] processors or Public Act No.
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3 consumer health data controllers under sections 42-515 to 42-525, inclusive, asamended by thisact,andsection2ofthisact shall not apply where compliance by the controller, [or] processor or consumer health data controller with said sections would violate an evidentiary privilege under the laws of this state.
Nothing in sections 42-515 to 42-525, inclusive, as amended by this act, or section 2 of this act shall be construedtopreventacontroller,[or]processororconsumerhealthdata controller from providing personal data concerning a consumer to a person covered by an evidentiary privilege under the laws of the state as part of a privileged communication.
(d) A controller, [or] processor or consumer health data controller that discloses personal data to a processor or third-party controller in accordance with sections 42-515 to 42-525, inclusive, as amended by this act, and section 2 of this act shall not be deemed to have violated said sections if the processor or third-party controller that receives and processessuchpersonaldataviolatessaidsections,provided,atthetime the disclosing controller, [or] processor or consumer health data controller disclosed such personal data, the disclosing controller, [or] processor or consumer health data controller did not have actual knowledge that the receiving processor or third-party controller would violate said sections.
A third-party controller or processor receiving personal data from a controller, [or] processor or consumer health data controller in compliance with sections 42-515 to 42-525, inclusive, as amended by this act, and section 2 of this act is likewise not in violation of said sections for the transgressions of the controller, [or] processor or consumer health data controller from which such third-party controller or processor receives such personal data.
(e)Nothing in sections 42-515to 42-525,inclusive, asamended by this act, or section 2 of this act shall be construed to:
(1) Impose any obligation on a controller, [or] processor or consumer health data controller that adversely affects the rights or freedoms of any person, Public Act No.
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3 including, but not limited to, the rights of any person (A) to freedom of speech or freedom of the press guaranteed in the First Amendment to the United States Constitution, or (B) under section 52-146t;
or (2) apply to any person's processing of personal data in the course of such person's purely personal or household activities.
(f) Personal data processed by a controller or consumer health data controller pursuant to this section may be processed to the extent that such processing is:
(1) Reasonably necessary and proportionate to the purposes listed in this section;
and (2) adequate, relevant and limited to what is necessary in relation to the specific purposes listed in this section.
Personal data collected, used or retained pursuant to subsection (b) of this section shall, where applicable, take into account the nature and purpose or purposes of such collection, use or retention.
Such data shall be subject to reasonable administrative, technical and physical measures to protect the confidentiality, integrity and accessibility of the personal data and to reduce reasonably foreseeable risks of harm to consumers relating to such collection, use or retention of personal data.
(g) If a controller or consumer health data controller processes personal data pursuant to an exemption in this section, the controller or consumer health data controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements in subsection (f) of this section.
(h) Processing personal data for the purposes expressly identified in this section shall not solely make a legal entity a controller or consumer health data controller with respect to such processing.
Sec.
6.
Section 42-525 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2023):
(a) The Attorney General shall have exclusive authority to enforce violations of sections 42-515 to 42-524, inclusive, as amended by this act, Public Act No.
23-56 17 of 39 Substitute Senate Bill No.
3 and section 2 of this act.
(b) During the period beginning on July 1, 2023, and ending on December 31, 2024, the Attorney General shall, prior to initiating any action for a violation of any provision of sections 42-515 to 42-524, inclusive, as amended by this act, and section 2 of this act, issue a notice of violation to the controller or consumer health data controller if the Attorney General determines that a cure is possible.
If the controller or consumer health data controller fails to cure such violation within sixty daysofreceiptofthenoticeofviolation,theAttorneyGeneralmaybring an action pursuant to this section.
Not later than February 1, 2024, the Attorney General shall submit a report, in accordance with section 11- 4a, to the joint standing committee of the General Assembly having cognizance of matters relating to general law disclosing:
(1) The number of notices of violation the Attorney General has issued;
(2) the nature of each violation;
(3) the number of violations that were cured during the sixty-day cure period;
and (4) any other matter the Attorney General deems relevant for the purposes of such report.
(c) Beginning on January 1, 2025, the Attorney General may, in determining whether to grant a controller, [or] processor or consumer health data controller the opportunity to cure an alleged violation described in subsection (b) of this section, consider:
(1) The number of violations;
(2) the size and complexity of the controller, [or] processor or consumer health data controller;
(3) the nature and extent of the controller's, [or] processor's or consumer health data controller's processingactivities;(4)thesubstantiallikelihoodofinjurytothepublic;
(5) the safety of persons or property;
[and] (6) whether such alleged violation was likely caused by human or technical error;
and (7) the sensitivity of the data.
(d)Nothinginsections42-515to42-524,inclusive,asamendedbythis act, or section 2 of this act shall be construed as providing the basis for, or be subject to, a private right of action for violations of said sections or Public Act No.
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3 any other law.
(e) A violation of the requirements of sections 42-515 to 42-524, inclusive, as amended by this act, or section 2 of this act shall constitute an unfair trade practice for purposes of section 42-110b and shall be enforced solely by the Attorney General, provided the provisions of section 42-110g shall not apply to such violation.
Sec.
7.
(1) "Consumer" has the same meaning as provided in section 42-515 of the general statutes;
(1) "Authenticate" means to use reasonable means and make a commercially reasonable effort to determine whether a request to exercise any right afforded under subsection (b) of this section has been submitted by, or on behalf of, the minor who is entitled to exercise such right;
sSB3 / File No.
(2) "Consumer" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
604 10 sSB3 File No.
(3) "Minor" means any consumer who is younger than eighteen years of age;
604 (2) "Minor" means any consumer who is younger than eighteen years of age;
(4) "Personal data" has the same meaning as provided in section 42- of the general statutes, as amended by this act;
(3) "Personal data" has the same meaning as provided in section 42- 515 of the general statutes;
(5) "Social media platform" (A) means a public or semi-public Internet-based service or application that (i) is used by a consumer in this state, (ii) is primarily intended to connect and allow users to socially interact within such service or application, and (iii) enables a user to (I) construct a public or semi-public profile for the purposes of signing into and using such service or application, (II) populate a public list of other users with whom the user shares a social connection within such service or application, and (III) create or post content that is viewable by other users, including, but not limited to, on message boards, in chat rooms, Public Act No.
and (4) "Social media platform" (A) means a public or semi-public Internet-based service or application that (i) is used by a consumer in this state, (ii) is primarily intended to connect and allow users to socially interact within such service or application, and (iii) enables a user to (I) construct a public or semi-public profile for the purposes of signing into and using such service or application, (II) populate a public list of other users with whom the user shares a social connection within such service or application, and (III) create or post content that is viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users, and (B) does not include a public or semi-public Internet-based service or application that (i) exclusively provides electronic mail or direct messaging services, or (ii) primarily consists of news, sports, entertainment, electronic commerce or content that is preselected by the provider or for which any chat, comments or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.
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(b) Not later than ten days after a social media platform receives a request to delete a social media platform account from a minor or, if the minor is younger than sixteen years of age, from a minor's parent or legal guardian, the social media platform shall delete the minor's social media platform account and cease processing such minor's personal data.
3 or through a landing page or main feed that presents the user with content generated by other users, and (B) does not include a public or semi-public Internet-based service or application that (i) exclusively provides electronic mail or direct messaging services, (ii) primarily consists of news, sports, entertainment, interactive video games, electronic commerce or content that is preselected by the provider or for which any chat, comments or interactive functionality is incidental to, directly related to, or dependent on the provision of such content, or (iii) is used by and under the direction of an educational entity, including, but not limited to, a learning management system or a student engagement program;
A social media platform shall establish, and shall describe in a privacy notice, one or more secure and reliable means for submitting a request pursuant to this subsection.
and (6) "Unpublish" means to remove a social media platform account from public visibility.
(c) No social media platform shall establish an account for a minor who is younger than sixteen years of age unless the social media platformhasobtainedconsent fromtheminor'sparent or legalguardian to establish such account.
(b) (1) Not later than fifteen business days after a social media platformreceivesa request fromaminor or,iftheminor isyounger than sixteen years of age, from such minor's parent or legal guardian to unpublish such minor's social media platform account, the social media platform shall unpublish such minor's social media platform account.
sSB3 / File No.
(2) Not later than forty-five business days after a social media platformreceivesa request fromaminor or,iftheminor isyounger than sixteenyearsofage,fromsuchminor'sparentorlegalguardiantodelete such minor's social media platform account, the social media platform shall delete such minor's social media platform account and cease processing such minor's personal data except where the preservation of such minor's social media platform account or personal data is otherwise permitted or required by applicable law, including, but not limited to, sections 42-515 to 42-525, inclusive, of the general statutes, as amended by this act.
604 11 sSB3 File No.
A social media platform may extend such forty- five business day period by an additional forty-five business days if such extension is reasonably necessary considering the complexity and number of the consumer's requests, provided the social media platform Public Act No.
604 (d) Any violation of the provisions of this section shall constitute an unfair trade practice under subsection (a) of section 42-110b of the general statutes and shall be enforced solely by the Attorney General.
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3 informs the minor or, if the minor is younger than sixteen years of age, such minor's parent or legal guardian within the initial forty-five business day response period of such extension and the reason for such extension.
(3) A social media platform shall establish, and shall describe in a privacy notice, one or more secure and reliable means for submitting a request pursuant to this subsection.
A social media platform that provides a mechanism for a minor or, if the minor is younger than sixteen years of age, the minor's parent or legal guardian to initiate a process to delete or unpublish such minor's social media platform account shall be deemed to be in compliance with the provisions of this subsection.
(c) If a social media platform is unable to authenticate a request submitted under subsection (b) of this section, the social media platform shall (1) not be required to comply with such request, and (2) provide a notice to the consumer who submitted such request disclosing that such social media platform (A) is unable to authenticate such request, and (B) will not be able to authenticate such request until such consumer provides the additional information that is reasonably necessary to authenticate such request.
(d) Any violation of the provisions of this section shall constitute an unfair trade practice under subsection (a) of section 42-110b of the general statutes and shall be enforced solely by the Attorney General.
3.
8.
(NEW) (Effective July 1, 2025) For the purposes of this section and sections 4 to 8, inclusive, of this act:
(NEW) (Effective October 1, 2024) For the purposes of this section and sections 9 to 13, inclusive, of this act:
(2) "Algorithm" means any computerized procedure consisting of a set of steps used to accomplish a predetermined objective;
Public Act No.
(3) "Consent" has the same meaning as provided in section 42-515 of the general statutes;
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(4) "Consumer" has the same meaning as provided in section 42-515 of the general statutes;
3 (2) "Consent" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
(5) "Controller" means any person that, alone or jointly with others, determines the purpose and means of processing personal data;
(3) "Consumer" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
(6) "Heightened risk of harm to minors" means processing minors' personal data, including, but not limited to, through use of any algorithm, in a manner that presents any reasonably foreseeable risk of (A) any unfair or deceptive treatment of, or any unlawful disparate impact on, minors, (B) any financial, physical or reputational injury to minors, (C) any physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of minors if such intrusion would be offensive to a reasonable person, or (D) any other substantial injury to minors;
(4) "Controller" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
(7) "HIPAA" has the same meaning as provided in section 42-515 of the general statutes;
(5) "Heightened risk of harm to minors" means processing minors' personal data in a manner that presents any reasonably foreseeable risk of (A) any unfair or deceptive treatment of, or any unlawful disparate impact on, minors, (B) any financial, physical or reputational injury to minors, or (C) any physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of minors if such intrusion would be offensive to a reasonable person;
(8) "Minor" means any consumer who is younger than eighteen years sSB3 / File No.
(6) "HIPAA" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
604 12 sSB3 File No.
(7) "Minor" means any consumer who is younger than eighteen years of age;
604 of age;
(8) "Online service, product or feature" means any service, product or feature that is provided online.
(9) "Online service, product or feature" means any service, product or feature that is provided online.
"Online service, product or feature"does not include any (A) telecommunications service, as defined in 47 USC 153, as amended from time to time, (B) broadband Internet access service, as defined in 47 CFR 54.400, as amended from time to time, or (C) delivery or use of a physical product;
"Online service, product or feature"does not include any (A) telecommunications service, as defined in 47 USC 153, as amended from time to time, or (B) delivery or use of a physical product;
(9) "Person" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
(10) "Person" means an individual, association, company, limited liability company, corporation,partnership,soleproprietorshipor trust;
(10) "Personal data" has the same meaning as provided in section 42- of the general statutes, as amended by this act;
(11) "Personal data" has the same meaning as provided in section 42- 515 of the general statutes;
Public Act No.
(12) "Precise geolocation data" has the same meaning as provided in section 42-515 of the general statutes;
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(13) "Process" and "processing" have the same meaning as provided in section 42-515 of the general statutes;
3 (11) "Precise geolocation data" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
(14) "Processor" means any person that, on behalf of a controller, processes personal data;
(12) "Process" and "processing" have the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
(15) "Profiling" has the same meaning as provided in section 42-515 of the general statutes;
(13) "Processor" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
(16) "Protected health information" has the same meaning as provided in section 42-515 of the general statutes;
(14) "Profiling" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
(17) "Sale of personal data" has the same meaning as provided in section 42-515 of the general statutes;
(15) "Protected health information" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
(18)"Targeted advertising"(A)meansdisplaying anadvertisement to aminorbasedonprofiling,and(B)doesnotinclude(i)anadvertisement that is (I) based on the context of a minor's current search query, visit to an Internet web site or online application, or (II) directed to a minor in response to the minor's current request for information or feedback, or (ii) processing personal data solely to measure or report advertising frequency, performance or reach;
(16) "Sale of personal data" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
and sSB3 / File No.
(17) "Targeted advertising" has the same meaning as provided in section 42-515 of the general statutes, as amended by this act;
604 13 sSB3 File No.
and (18) "Third party" has the same meaning as provided in section 42- of the general statutes, as amended by this act.
604 (19) "Third party" has the same meaning as provided in section 42- 515 of the general statutes.
4.
9.
(NEW) (Effective July 1, 2025) (a) Each controller that offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall use reasonable care to avoid any heightened risk of harm to minors proximately caused by such online service, product or feature.
(NEW) (Effective October 1, 2024) (a) Each controller that offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minorsshall use reasonable care to avoid any heightened risk of harm to minors caused by such online service, product or feature.
(b) (1) Subject to the consent requirement established in subdivision (3) of this subsection, no controller that offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall process any minor's personal data:
In any enforcement action brought by the Attorney General pursuant to section 13 of this act, there shall be a rebuttable presumption that a controller used reasonable care as required under this section if the controller complied with the provisions of section 10 of this act concerning data protection assessments.
(A) For the purposes of (i) targeted advertising, (ii) any sale of personal data, or (iii) profiling in furtherance of any decision made by such controller that results in the provision or denial by such controller of any financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services or access to essential goods or services;
Public Act No.
(B) that is not reasonably necessary to provide such online service, product or feature;
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(C) for any processing purpose other than the purpose that the controller disclosed at the time such controller collected such personal data;
3 (b) (1) Subject to the consent requirement established in subdivision (3) of this subsection, no controller that offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall:
(D) for longer than is reasonably necessary to provide such online service, product or feature;
(A) Process any minor's personal data (i) for the purposes of (I) targeted advertising, (II) any sale of personal data, or (III) profiling in furtherance of any fully automated decision made by such controller that produces any legal or similarly significant effect concerning the provision or denial by such controller of any financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunity, health care services or access to essential goods or services, (ii) unless such processing is reasonably necessary to provide such online service, product or feature, (iii) for any processing purpose (I) other than the processing purpose that the controller disclosed at the time such controller collected such personal data, or (II) that is reasonably necessary for, and compatible with, the processing purpose described in subparagraph (A)(iii)(I) of this subdivision, or (iv) for longer than is reasonably necessary to provide such online service, product or feature;
or (E) in any circumstances in which such minor's personal data is accessible by, or visible to, any other user of such online service, product or feature.
or (B) use any system design feature to significantly increase, sustain or extend any minor's use of such online service, product or feature.
The provisions of this subdivision shall not apply to any service or application that is used by and under the direction of an educationalentity, including,but not limitedto,alearning management system or a student engagement program.
(A) Such precise geolocation data is necessary for the controller to provide such online service, product or feature and, if such data is necessary to provide such online service, product or feature,suchcontrollermayonlycollect suchdataforthetimenecessary to provide such online service, product or feature;
(A) Such precise geolocation data is reasonably necessary for the controller to provide such online service, product or feature and, if such data is necessary to provide such online service, product or feature, such controller may only collect such data for the Public Act No.
and (B) the controller sSB3 / File No.
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3 time necessary to provide such online service, product or feature;
604 provides to the minor a signal indicating that such controller is collecting such precise geolocation data, which signal shall be conspicuous to such minor for the entire duration of such collection.
and (B) the controller provides to the minor a signal indicating that such controller is collecting such precise geolocation data, which signal shall be available to such minor for the entire duration of such collection.
(3) No controller shall engage in the activities described in subdivisions (1) and (2) of this subsection unless the controller obtains theminor'sconsent or,iftheminor isyoungerthanthirteenyearsofage, the consent of such minor's parent or legal guardian.
(3) No controller shall engage in the activities described in subdivisions (1) and (2) of this subsection unless the controller obtains the minor'sconsent or,iftheminor isyoungerthanthirteenyearsofage, the consent of such minor's parent or legal guardian.
(c) No controller that offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall:
(c) (1) No controller that offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall:
(1) Use any user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making or choice, including, but not limited to, any practice the Federal Trade Commission refers to as a "dark pattern", to lead or encourage any minor to provide any personal data that is not reasonably necessary to provide such online service, product or feature;
(A) Provide any consent mechanism that is designed to substantially subvert or impair, or is manipulated with the effectofsubstantiallysubvertingorimpairing,userautonomy,decision- making or choice;
(2) by default use any system design feature to increase, sustain or extend any minor's use of such online service, product or feature by, among other things, automatically playing any media, offering any reward to encourage such minor to spend time using such online service, product or feature or sending notifications to such minor;
or (B) except as provided in subdivision (2) of this subsection, offer any direct messaging apparatus for use by minors without providing readily accessible andeasy-to-use safeguardsto limit the ability of adults to send unsolicited communications to minors with whom they are not connected.
(3) allow any minor's parent, legal guardian or any other consumer to monitor such minor's online activity unless such controller provides to such minor a signal, which is obvious to such minor, indicating that such minor is being monitored;
(2) The provisions of subparagraph (B) of subdivision (1) of this subsection shall not apply to services where the predominant or exclusive function is:
or (4) allow any adult to contact any minor through any messaging apparatus unless such adult previously established and maintains an ongoing lawful relationship with such minor.
(A) Electronic mail;
sSB3 / File No.
or (B) direct messaging consisting of text, photos or videos that are sent between devices by electronic means, where messages are (i) shared between the sender and the recipient, (ii) only visible to the sender and the recipient, and (iii) not Public Act No.
604 15 sSB3 File No.
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604 Sec.5.(NEW)(Effective July1,2025)(a)Eachcontrollerthat,onorafter July 1, 2025, offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall conduct a data protection assessment for such online service, product or feature:
3 posted publicly.
Sec.
10.
(NEW) (Effective October 1, 2024) (a) Each controller that, on or after October 1, 2024, offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall conduct a data protection assessment for such online service, product or feature:
(1) Review such data protection assessment at least biennially;
(1) Review such data protection assessment as necessary to account for any material change totheprocessingoperationsof theonlineservice,productorfeaturethat is the subject of such data protection assessment;
and (2) maintain documentation concerning such data protection assessment as long as such controller offers the online service, product or feature that is the subject of such assessment to minors.
and (2) maintain documentation concerning such data protection assessment for the longer of (A) the three-year period beginning on the date on which such processing operations cease, or (B) as long as such controller offers such online service, product or feature.
(c) If any controller conducts a data protection assessment pursuant to subsection (a) of this section and determines that the online service, product or feature that is the subject of such assessment poses a heightened risk of harm to minors, such controller shall establish and implement a plan to mitigate or eliminate such risk before such controller offers such online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors.
(c) A single data protection assessment may address a comparable set of processing operations that include similar activities.
(d) If a controller conducts a data protection assessment for the purpose of complying with another applicable law or regulation, the data protection assessment shall be deemed to satisfy the requirements established in this section if such data protection assessment is reasonably similar in scope and effect to the data protection assessment Public Act No.
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3 that would otherwise be conducted pursuant to this section.
(e) If any controller conducts a data protection assessment pursuant to subsection (a) of this section and determines that the online service, product or feature that is the subject of such assessment poses a heightened risk of harm to minors, such controller shall establish and implement a plan to mitigate or eliminate such risk.
(f) Data protection assessments shall be confidential and shall be exempt from disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes.
To the extent any information contained in a data protection assessment disclosed to the Attorney General includes information subject to the attorney-client privilege or work product protection, such disclosure shall not constitute a waiver of such privilege or protection.
6.
11.
(NEW) (Effective July 1, 2025) (a) A processor shall adhere to the instructions of a controller and shall assist the controller in meeting the controller's obligations under sections 3 to 8, inclusive, of this act.
(NEW) (Effective October 1, 2024) (a) A processor shall adhere to the instructions of a controller, and shall:
Such assistance shall include providing necessary information to enable the controller to conduct and document data protection assessments.
(1) Assist the controller in meeting the controller's obligations under sections 8 to 13, inclusive, of this act taking into account (A) the nature of the processing, (B) the information available to the processor by appropriate technical and organizational measures, and (C) whether such assistance is reasonably practicable and necessary to assist the controller in meeting such obligations;
(b) A contract between a controller and a processor shall govern the sSB3 / File No.
and (2) provide any information that is necessary to enable the controller to conduct and document data protection assessments.
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(b) A contract between a controller and a processor shall satisfy the requirements established in subsection (b) of section 42-521 of the general statutes.
604 processor's data processing procedures with respect to processing performed on behalf of the controller.
(c) Nothing in this section shall be construed to relieve a controller or processor from the liabilities imposed on the controller or processor by virtue of such controller's or processor's role in the processing relationship, as described in sections 8 to 13, inclusive, of this act.
The contract shall be binding and clearly set forth instructions for processing data, the nature and purpose of processing, the type of data subject to processing, the duration of processing and the rights and obligations of both parties.
Public Act No.
The contract shall also require that the processor:
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(1) Ensure that each person processing personal data is subject to a duty of confidentiality with respect to the data;
3 (d) Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which personal data is to be processed.
(2) at the controller's direction, delete or return all personal data to the controller as requested at the end of the provision of services, unless retention of the personal data is required by law;
A person who is not limited in such person's processing of personal data pursuant to a controller's instructions, or who fails to adhere to such instructions, is a controller and not a processor with respect to a specific processing of data.
(3) upon the reasonable request of the controller, make available to the controller all information in its possession necessary to demonstrate the processor's compliance with the obligations in sections 3 to 8, inclusive, of this act;
(4) after providing the controller an opportunity to object, engage any subcontractor pursuant to a written contract that requires the subcontractor to meet the obligations of the processor with respect to the personal data;
and (5) allow, and cooperate with, reasonable assessments by the controller or the controller's designated assessor, or the processor may arrange for a qualified and independent assessor to conduct an assessment of the processor's policies and technical and organizational measures in support of the obligations under sections 3 to 8, inclusive, of this act, using an appropriate and accepted control standardorframeworkandassessmentprocedureforsuchassessments.
The processor shall provide a report of such assessment to the controller upon request.
(c) Nothing in this section shall be construed to relieve a controller or processor from the liabilities imposed on the controller or processor by virtue of such controller's or processor's role in the processing relationship, as described in sections 3 to 8, inclusive, of this act.
(d) Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which personal data is to be processed.
A person who is not limited in such person's processing of personal data pursuant to a controller's instructions, or who fails to sSB3 / File No.
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604 adhere to such instructions, is a controller and not a processor with respect to a specific processing of data.
If a processor begins, alone or jointly with others, determining the purposes and means of the processing of personal data, the processor is a controller with respect to such processing and may be subject to an enforcement action under section 8 of this act.
If a processor begins, alone or jointly with others, determining the purposes and means of the processing of personal data, the processor is a controller with respect to such processing and may be subject to an enforcement action under section 13 of this act.
7.
12.
(NEW) (Effective July 1, 2025) (a) The provisions of sections 1, 3 to 6, inclusive, and 8 of this act shall not apply to any:
(NEW) (Effective October 1, 2024) (a) The provisions of sections to 11, inclusive, and section 13 of this act shall not apply to any:
(5) financial institution or data that is subject to Title V of the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., as amended from time to time;
(5) financial institution or data that is subject to Title V of the Gramm-Leach-Bliley Act, 15 USC 6801etseq.,asamendedfromtimetotime;(6)coveredentityorbusiness associate, as defined in 45 CFR 160.103, as amended from time to time;
(6) covered entity or business associate, as defined in 45 CFR 160.103, as amended from time to time;
(7) tribal nation government organization;
or (7) air carrier, as defined in 49 USC 40102, as amended from time to time, and regulated under the Federal Aviation Act of 1958, 49 USC 40101 et seq., and the Airline Deregulation Act, 49 USC 41713, as said acts may be amended from time to time.
or (8) air carrier, as defined in 49 USC 40102, as amended from time to time, and regulated under the Federal Aviation Act of 1958, 49 USC 40101 et seq., and the Airline Deregulation Act of 1978, 49 USC 41713, as said acts may be amended Public Act No.
(b)Thefollowing informationanddataisexempt fromtheprovisions of sections 1, 3 to 6, inclusive, and 8 of this act:
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3 from time to time.
(b)Thefollowing informationanddataisexempt fromtheprovisions of sections 8 to 11, inclusive, and section 13 of this act:
(3) identifiable private information for the purposes of the federal policy for the protection of human subjects under 45 CFR 46, as amended from time to time;
(3) identifiable private information for the purposes of the federal policy for the protection of human subjects under 45 CFR 46, as amended from time totime;(4)identifiableprivateinformationthatisotherwiseinformation collected as part of human subjects research pursuant to the good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use, as amended from time to time;
(4) identifiable private information that is otherwise information collected sSB3 / File No.
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604 as part of human subjects research pursuant to the good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use, as amended from time to time;
(8) information derived from any of the health care related information listed in this subsection that is de- identified in accordance with the requirements for de-identification under HIPAA;
(8) information derived from any of the health care-related information listed in this subsection that is de- identified in accordance with the requirements for de-identification under HIPAA;
(10) information used for public health activities and purposes as authorized by HIPAA, community health activities and population health activities;
(10) information used for public health activities and purposes as authorized by HIPAA, community health activities and population Public Act No.
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3 health activities;
(12) personal data collected, processed, sold or disclosedincompliancewiththeDriver'sPrivacyProtectionActof 1994, 18 USC 2721 et seq., as amended from time to time;
(12) personal data collected, processed, sold or disclosedincompliancewiththeDriver'sPrivacyProtectionActof1994, USC 2721 et seq., as amended from time to time;
(13) personal data sSB3 / File No.
(13) personal data regulated by the Family Educational Rights and Privacy Act, 20 USC 1232getseq.,asamendedfromtimetotime;(14)personaldatacollected, processed, sold or disclosed in compliance with the Farm Credit Act, 12 USC 2001 et seq., as amended from time to time;
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(15) data processed or maintained (A) in the course of an individual applying to, employed by or actingasanagentorindependent contractor ofacontroller,processor or third party, to the extent that the data is collected and used within the context of that role, (B) as the emergency contact information of an individual under sections 8 to 11, inclusive, and section 13 of this act used for emergency contact purposes, or (C) that is necessary to retain to administer benefits for another individual relating to the individual who is the subject of the information under subdivision (1) of this subsection and used for the purposes of administering such benefits;
604 regulated by the Family Educational Rights and Privacy Act, 20 USC 1232getseq.,asamendedfromtimetotime;(14)personaldatacollected, processed, sold or disclosed in compliance with the Farm Credit Act, 12 USC 2001 et seq., as amended from time to time;
and (16) personal data collected, processed, sold or disclosed in relation to price, route or service, as such terms are used in the Federal Aviation Act of 1958, 49 USC 40101 et seq., and the Airline Deregulation Act of 1978, 49 USC 41713, as said acts may be amended from time to time.
(15) data processed or maintained (A) in the course of an individual applying to, employed by or actingasanagentorindependent contractor ofacontroller,processor or third party, to the extent that the data is collected and used within the context of that role, (B) as the emergency contact information of an individual under sections 1, 3 to 6, inclusive, and 8 of this act used for emergency contact purposes, or (C) that is necessary to retain to administer benefits for another individual relating to the individual who is the subject of the information under subdivision (1) of this subsection and used for the purposes of administering such benefits;
(c)No provisionofthissectionor sections8 to 11,inclusive, or section of this act shall be construed to restrict a controller's or processor's ability to:
and (16) personal data collected, processed, sold or disclosed in relation to price, route or service, as such terms are used in the Airline Deregulation Act, 49 USC 40101 et seq., as amended from time to time, by an air carrier subject to said act, to the extent sections 1, 3 to 6, inclusive, and 8 of this act are preempted by 49 USC 41713, as amended from time to time.
(c) No provision of this section or section 1, 3 to 6, inclusive, or 8 of this act shall be construed to restrict a controller's or processor's ability to:
(2) comply with a civil, criminal or regulatory inquiry, investigation, subpoena or summons by federal, state, municipal or other governmental authorities;
(2) comply with a civil, criminal or regulatory inquiry, Public Act No.
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3 investigation, subpoena or summons by federal, state, municipal or other governmental authorities;
(6) prevent, detect, protect against or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities or any illegal activity, preserve the integrity or security of systems or investigate, report or prosecute those sSB3 / File No.
(6) prevent, detect, protect against or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities or any illegal activity, preserve the integrity or security of systems or investigate, report or prosecute those responsible for any such action;
604 20 sSB3 File No.
604 responsible for any such action;
(8) assist another controller, processor or third party with any obligation under section 1, 3 to 6, inclusive, or 8 of this act;
(8) assist another controller, processor or third party with any obligation under sections 8 to 11, inclusive, or section 13 of this act;
(d) No obligation imposed on a controller or processor under any provision of section 1, 3 to 6, inclusive, or 8 of this act shall be construed to restrict a controller's or processor's ability to collect, use or retain data for internal use to:
(d) No obligation imposed on a controller or processor under any Public Act No.
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3 provision of sections 8 to 11, inclusive, or section 13 of this act shall be construed to restrict a controller's or processor's ability to collect, use or retain data for internal use to:
or (4) perform internal operations that are (A) reasonably alignedwiththeexpectationsofaminororreasonablyanticipatedbased on the minor's existing relationship with the controller or processor, or (B) otherwise compatible with processing data in furtherance of the provision of a product or service specifically requested by a minor.
or (4) perform internal operations that are (A) reasonably aligned with the expectations of a minor or reasonably anticipated based on the minor's existing relationship with the controller or processor, or (B) otherwise compatible with processing data in furtherance of the provision of a product or service specifically requested by a minor.
(e) No controller or processor shall be required to comply with any provision of section 1, 3 to 6, inclusive, or 8 of this act if compliance with such provision would violate an evidentiary privilege under the laws of this state, and no such provision shall be construed to prevent a sSB3 / File No.
(e) No controller or processor shall be required to comply with any provision of sections 8 to 11, inclusive, or section 13 of this act if compliance with such provision would violate an evidentiary privilege under the laws of this state, and no such provision shall be construed to prevent a controller or processor from providing, as part of a privileged communication, any personal data concerning a minor to any other person who is covered by such evidentiary privilege.
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(f) No provision of sections 8 to 11, inclusive, or section 13 of this act shall be construed to:
604 controller or processor from providing, as part of a privileged communication, any personal data concerning a minor to any other person who is covered by such evidentiary privilege.
(f) No provision of section 1, 3 to 6, inclusive, or 8 of this act shall be construed to:
(2) Any controller that collects, uses or retains data pursuant to subsection (d) of this section shall, where applicable, take into account the nature and purpose or purposes of such collection, use or retention.
Public Act No.
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3 (2) Any controller that collects, uses or retains data pursuant to subsection (d) of this section shall, where applicable, take into account the nature and purpose or purposes of such collection, use or retention.
8.
13.
(NEW) (Effective July 1, 2025) (a) Any violation of the provisions of sections 3 to 7, inclusive, of this act shall constitute an unfair trade practice under subsection (a) of section 42-110b of the sSB3 / File No.
(NEW) (Effective October 1, 2024) (a) Any violation of the provisions of sections 8 to 12, inclusive, of this act shall constitute an unfair trade practice under subsection (a) of section 42-110b of the general statutes and shall be enforced solely by the Attorney General.
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Nothing in this section or sections 8 to 12, inclusive, of this act shall be construed to create a private right of action or to provide grounds for an action under section 42-110g of the general statutes.
604 general statutes and shall be enforced solely by the Attorney General.
(b) (1) During the period beginning October 1, 2024, and ending December 31, 2025, if the Attorney General, in the Attorney General's discretion, determines that a controller or processor has violated any provision of sections 8 to 12, inclusive, of this act but may cure such alleged violation, the Attorney General shall provide written notice to such controller or processor, in a form and manner prescribed by the Attorney General and before the Attorney General commences any action to enforce such provision, disclosing such alleged violation and such provision.
Nothing in this section or sections 3 to 7, inclusive, of this act shall be construed to create a private right of action or to provide grounds for an action under section 42-110g of the general statutes.
(2) (A) Not later than thirty days after a controller or processor Public Act No.
(b) (1) During the period beginning July 1, 2025, and ending December 31, 2027, if the Attorney General, in the Attorney General's discretion, determines that a controller or processor has violated any provision of sections 3 to 7, inclusive, of this act but may cure such alleged violation, the Attorney General shall provide written notice to such controller or processor, in a form and manner prescribed by the Attorney General and before the Attorney General commences any action to enforce such provision, disclosing such alleged violation and such provision.
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(2) (A) Not later than thirty days after a controller or processor receives a notice under subdivision (1) of this subsection, the controller or processor may send a notice to the Attorney General, in a form and manner prescribed by the Attorney General, disclosing that such controller or processor has:
3 receives a notice under subdivision (1) of this subsection, the controller or processor may send a notice to the Attorney General, in a form and manner prescribed by the Attorney General, disclosing that such controller or processor has:
(i) Determined that such controller or processor did not commit the alleged violation of sections 3 to 7, inclusive, of this act;
(i) Determined that such controller or processor did not commit the alleged violation of sections 8 to 12, inclusive, of this act;
(C)Not later thanFebruary 1,2027,theAttorney Generalshallsubmit a report, in accordance with section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to general law.
(C)Not later thanFebruary 1,2026,theAttorney Generalshallsubmit a report, in accordance with section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to general law.
(i) The number of notices the Attorney General has issued pursuant to sSB3 / File No.
(i) The number of notices the Attorney General has issued pursuant to subdivision (1) of this subsection;
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(ii) the number of violations that were cured pursuant to subparagraphs (A) and (B) of this subdivision;
604 subdivision (1) of this subsection;
and (iii) any other matter the Attorney General deems relevant for the purposes of such report.
(ii) the nature of each violation that was the subject of a notice issued by the Attorney General pursuant to subdivision(1)ofthissubsection;(iii)thenumber ofviolationsthatwere cured pursuant to subparagraphs (A) and (B) of this subdivision;
(c) Beginning on January 1, 2026, the Attorney General may, in the Attorney General's discretion, provide to a controller or processor an opportunity to cure any alleged violation of the provisions of sections 8 to 12, inclusive, of this act in the manner described in subdivisions (1) and (2) of subsection (b) of this section.
and (iv) any other matter the Attorney General deems relevant for the purposes of such report.
In determining whether to grant thecontrollerorprocessoranopportunitytocuresuchallegedviolation, the Attorney General may consider:
(c) Beginning on January 1, 2027, the Attorney General may, in the Attorney General's discretion, provide to a controller or processor an opportunity to cure any alleged violation of the provisions of sections 3 to 7, inclusive, ofthisact inthemanner describedinsubdivisions(1) and (2) of section (b) of this section.
In determining whether to grant the controllerorprocessoranopportunitytocuresuchallegedviolation,the Attorney General may consider:
(2) the size and complexity of such controller or processor;
(2) the Public Act No.
(3) the nature and extent ofsuchcontroller'sor processor'sprocessing activities;(4)whether there exists a substantial likelihood that such alleged violation has caused or will cause public injury;
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3 size and complexity of such controller or processor;
(3) the nature and extent of such controller's or processor's processing activities;
(4) whether there exists a substantial likelihood that such alleged violation has caused or will cause public injury;
and (6) whether such alleged violation was likely caused by a human or technical error.
(6) whether such alleged violation was likely caused by a human or technical error;
and (7) the sensitivity of the data.
9.
14.
Section 54-33c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2023):
Section 21a-435 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2024):
(a) The applicant for a search warrant shall file the application for the warrant and all affidavits upon which the warrant is based with the clerk of the court for the geographical area within which any person who may be arrested in connection with or subsequent to the execution ofthesearchwarrantwouldbepresentedwiththereturnofthewarrant.
As used in this section, [and] sections 21a-436 to 21a-439, inclusive, as amended by this act, and section 15 of this act:
Upon the arrest of any person in connection with or subsequent to the execution of the search warrant, the law enforcement agency that arrested the person shall notify the clerk of such court of the return of the warrant by completing a form prescribed by the Chief Court Administrator and filing such form with the clerk together with any applicable uniform arrest report or misdemeanor summons.
sSB3 / File No.
604 24 sSB3 File No.
604 (b) Except for a warrant for the installation and use of a tracking device:
(1) The warrant shall be executed within ten days and returned with reasonable promptness consistent with due process of law and shall be accompanied by a written inventory of all property seized;
(2) a copy of such warrant shall be given to the owner or occupant of the dwelling, structure, motor vehicle or place designated in the warrant, or the person named in the warrant;
and (3) within forty-eight hours of such search, a copy of the application for the warrant and a copy of all affidavitsupon whichthewarrant is based shallbegivento such owner, occupant or person.
The judge or judge trial referee may, by order, dispense with the requirement of giving a copy of the affidavits to such owner, occupant or person at such time if the applicant for the warrant files a detailed affidavit with the judge or judge trial referee which demonstrates to the judge or judge trial referee that (A) the personal safety of a confidential informant would be jeopardized by the giving of a copy of the affidavits at such time, or (B) the search is part of a continuing investigation which would be adversely affected by the giving of a copy of the affidavits at such time, or (C) the giving of a copy of the affidavits at such time would require disclosure of information or material prohibited from being disclosed by chapter 959a.
If a warrant is directed to a provider of an electronic communication service or a remote computing service, as such terms are defined in subsection (a) of section 54-47aa, for recordsofasubscriber orcustomer ofsuch provider, the court shall order that the provider not disclose the existence of such warrant to such subscriber or customer or any other person or entity for a period of up to ninety days if the court determines that there is reason to believe that notification of the existence of the warrant may result in (i)endangeringthelifeorphysicalsafetyofanindividual,(ii)flightfrom prosecution, (iii) destruction of or tampering with evidence, (iv) intimidation of potential witnesses, or (v) otherwise seriously jeopardizing the investigation.
(c) A warrant for the installation and use of a tracking device shall be returned with reasonable promptness consistent with due process of law and after the period authorized for tracking, including any extension period authorized under subsection (d) of section 54-33a, has sSB3 / File No.
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604 expired.
Within ten days after the use of the tracking device has ended, a copy of the application for the warrant and a copy of all affidavits upon which the warrant is based shall be given to the person who was tracked or the owner of the property to, in or on which the tracking device was installed.
The judge or judge trial referee may, by order, dispense with the requirement of giving a copy of the affidavits to the person who was tracked or the owner of the property to, in or on which the tracking device was installed if the applicant for the warrant files a detailed affidavit with the judge or judge trial referee which demonstrates to the judge or judge trial referee that (1) the personal safety of a confidential informant would be jeopardized by the giving of a copy of the affidavits at such time, or (2) the search is part of a continuing investigation which would be adversely affected by the giving of a copy of the affidavits at such time, or (3) the giving of a copy of the affidavits at such time would require disclosure of information or material prohibited from being disclosed by chapter 959a.
(d) If the judge or judge trial referee dispenses with the requirement of giving a copy of the affidavits at such time pursuant to subsection (b) or (c) of this section, such order shall not affect the right of such owner, occupant or personto obtainsuch copy at any subsequent time.
No such order shall limit the disclosure of such affidavits to the attorney for a person arrested in connection with or subsequent to the execution of a search warrant unless, upon motion of the prosecuting authority within two weeks of such person's arraignment, the court finds that the state's interest in continuing nondisclosure substantially outweighs the defendant's right to disclosure.
(e) Any order entered pursuant to subsection (b) or (c) of this section dispensing with the requirement of giving a copy of the affidavits to such owner, occupant or personshallbe for a specificperiodoftime, not to exceed (1) two weeks beyond the date the warrant is executed, or (2) withrespecttoawarrantfortheinstallationanduseofatrackingdevice, two weeks after any extension period authorized under subsection (d) ofsection54-33a has expired.Within theapplicable time periodset forth in subdivision (1) or (2) of this subsection, the prosecuting authority sSB3 / File No.
604 26 sSB3 File No.
604 may seek an extension of such period of time.
Upon the execution and return of the warrant, affidavits which have been the subject of such an order shall remain in the custody of the clerk's office in a secure location apart from the remainder of the court file.
Sec.
10.
Section 21a-435 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2023):
As used in this section, [and] sections 21a-436 to 21a-439, inclusive, and section 11 of this act:
(5) "Online dating operator" means a person who operates a software application designed to facilitate online dating;
Public Act No.
23-56 35 of 39 Substitute Senate Bill No.
3 (5) "Online dating operator" means a person who operates a software application designed to facilitate online dating;
and sSB3 / File No.
and (7) "User" means an individual who uses the online dating services of an online dating operator.
604 27 sSB3 File No.
604 (7) "User" means an individual who uses the online dating services of an online dating operator.
11.
15.
(NEW) (Effective October 1, 2023) An online dating operator shall owe a duty of care to any user of its online dating platform to protect against potential criminal activity of other users, including a duty to notify users if the online dating operator has had a communication with another user determined by the online dating operator to have a higher propensity to commit a crime against individuals.
(NEW) (Effective January 1, 2024) (a) Each online dating operator that offers services to Connecticut users shall maintain an online safety center, which shall be reasonably designed to provide Connecticut users with resources concerning safe dating.
Each online safety center maintained pursuant to this subsection shall provide:
(1) An explanation of the online dating operator's reporting mechanism for harmful or unwanted behavior;
(2) safety advice for use when communicating online and meeting in person;
(3) a link to an Internet web site or a telephone number where a Connecticut user may access resources concerning domestic violence and sexual harassment;
and (4) educational information concerning romance scams.
(b) Each online dating operator that offers services to Connecticut users shall adopt a policy for the online dating platform's handling of harassment reports by or between users.
12.
16.
Section 21a-439 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2024):
(a) The Department of Consumer Protection may issue fines of not more than twenty-five thousand dollars per violation, accept an offer in compromise, or take other actions permitted by the general statutes or theregulationsofConnecticut state agenciesifanonline dating operator fails to comply with the provisions of sections 21a-435 to 21a-438, inclusive, as amended by this act, and section 15 of this act.
Public Act No.
23-56 36 of 39 Substitute Senate Bill No.
3 (b)TheCommissioner ofConsumerProtection,orthecommissioner's designee, may conduct investigations and hold hearings on any matter under the provisions of this section, [and] sections 21a-435 to 21a-438, inclusive, as amended by this act, and section 15 of this act.
The commissioner, or the commissioner's designee, may issue subpoenas, administer oaths, compel testimony and order the production of books, records and documents.
If any person refuses to appear, to testify or to produce any book, record or document when so ordered, upon applicationofthecommissioner or thecommissioner'sdesignee,ajudge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.
(c) The Attorney General, at the request of the commissioner or the commissioner's designee, may apply in the name of the state to the Superior Court for an order temporarily or permanently restraining and enjoining any person from violating any provision of this section, [and] sections 21a-435 to 21a-438, inclusive, as amended by this act, and section 15 of this act.
Sec.
17.
The division shall maintain facilities and services for the examination and analysis of evidentiary materials in areas including, but not limited to, chemistry, arson, firearms, questioned documents, microscopy, serology, toxicology, trace evidence, latent fingerprints, impressions and other similar technology.
The division shall maintain facilities and services for the examination and analysis of evidentiary materials in areas including, but not limited to, chemistry, arson, firearms, questioned documents, microscopy, serology, toxicology, trace evidence, latent fingerprints, Public Act No.
23-56 37 of 39 Substitute Senate Bill No.
3 impressions and other similar technology.
(1) May investigate any physical evidence or evidentiary material related to a crime upon the request of any federal, state or local agency, (2) may conduct or assist in thescientificfield investigationat thesceneof acrime andprovideother technical assistance and training in the various fields of scientific criminal investigation upon request, (3) shall assure the safe custody of sSB3 / File No.
(1) May investigate any physical evidence or evidentiary material related to a crime upon the request of any federal, state or local agency, (2) may conduct or assist in thescientificfield investigationat thesceneof acrime andprovideother technical assistance and training in the various fields of scientific criminal investigation upon request, (3) shall assure the safe custody of evidence during examination, (4) shall forward a written report of the results of an examination of evidence to the agency submitting such evidence, (5) shall render expert court testimony when requested, and (6) shall conduct ongoing research in the areas of the forensic sciences.
604 28 sSB3 File No.
604 evidence during examination, (4) shall forward a written report of the results of an examination of evidence to the agency submitting such evidence, (5) shall render expert court testimony when requested, and (6) shall conduct ongoing research in the areas of the forensic sciences.
This act shall take effect as follows and shall amend the following sections:
Public Act No.
Section 1 July 1, 2025 New section Sec.
23-56 38 of 39 Substitute Senate Bill No.
2 July 1, 2024 New section Sec.
3 Approved June 26, 2023 Public Act No.
3 July 1, 2025 New section Sec.
23-56 39 of 39
4 July 1, 2025 New section Sec.
5 July 1, 2025 New section Sec.
6 July 1, 2025 New section Sec.
7 July 1, 2025 New section Sec.
8 July 1, 2025 New section Sec.
9 October 1, 2023 54-33c Sec.
10 October 1, 2023 21a-435 Sec.
11 October 1, 2023 New section sSB3 / File No.
604 29 sSB3 File No.
604 Sec.
12 July 1, 2023 29-7b Statement of Legislative Commissioners:
In Section 1, Subsec.
(a) was redrafted to remove the definition of the unused term "dark patterns" and, in Subsec.
(a), Subdivs.
(9) to (27), inclusive, were redesignated Subdivs.
(8) to (26), inclusive, and Subdivs.
(7)(A), (13), (21)(B)(ii) and (22) were redrafted for internal consistency, in Subsec.
(b)(3)(B)(ii)(II), "of" was deleted for internal consistency, and in Subsec.
(c)(2), "consumer health data" was changed to "consumer's consumerhealthdata"foraccuracy;andinSection9(b)(3)(C),"electronic communications service as defined in subdivision (4) of subsection (a) of section 54-47aa, or a remote computing service in subdivision (8) of subsection (a) of section 54-47aa," was changed to "electronic communicationserviceoraremotecomputingservice,assuchtermsare defined in subsection (a) of section 54-47aa," for accuracy and conciseness.
JUD Joint Favorable Subst.
sSB3 / File No.
604 30 sSB3 File No.
604 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 24 $ FY 25 $ Attorney General GF - Potential See Below See Below Revenue Gain Note:
GF=General Fund Municipal Impact:
None Explanation The bill may result in a revenue gain to the Office of the Attorney General(OAG) beginning inFY 24, asany violationsofSections1,2,and – 6 are considered violations of the Connecticut Unfair Trade Practices Act (CUTPA), and enforced solely by OAG.
Any revenue gain would depend on the number and type of violationsenforced byOAG.
CUTPA allowsOAGtoseek variousforms of relief to address violations, including penalties of up to $5,000 per willful violation.
The agency could seek these penalties through an enforcement action, or if a company cooperates, through a settlement resolving the state’s claims.
For FY 20 – FY 22, annual revenue collected from CUTPA ranged from a low of $1,639,854 to $4,523,004.
Sections 1 - 2 prohibit anyone from selling consumer health data without obtaining the consumer’s written consent.
These sections also create a ban on anyone using a geofence to identify, track, collect data from or send notifications to a consumer entering a health care facility.
1 1A “geofence” is any technology that uses global positioning coordinates, cell tower connectivity, cellular data, radio frequency identification, wireless fidelity technology data, or any other form of location detection.
sSB3 / File No.
604 31 sSB3 File No.
604 Sections 3 – 8 establish a framework and set requirements regarding how those who offer online services and products manage, process, and obtain consent to use the personal data of minors.
Section 8 specifically allows the OAG, from July 1, 2025, to December 31, 2027, before initiating any enforcement action, to issue a written notice of violation to give the party an opportunity to cure the violation.
Section 12 creates the Connecticut Internet Crimes Against Children Task Force.
Any costs to the state in FY 24 and FY 25 would depend on the level of any state and federal appropriations.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number and extent of any violations enforced by OAG.
sSB3 / File No.
604 32 sSB3 File No.
604 OLR Bill Analysis sSB 3 AN ACT CONCERNING ONLINE PRIVACY, DATA AND SAFETY PROTECTIONS.
SUMMARY This bill sets standards on accessing and sharing consumer health data by certain private entities that do business in Connecticut (§ 1).
Among other things, these entities must limit access to consumer health data to individuals and situations specified in the bill.
They are also prohibited from collecting or sharing this data without first getting a consumer’s consent.
The bill also prohibits anyone from selling thisdata unless a consumer has completed a particular consent form.
The bill also establishes a framework and sets requirements for how individuals or entities offering certain online services, products, and features manage and process personal data for minors (i.e., those under age 18) (§§ 4-6).
It specifically requires them to use reasonable care to avoid having their services, products, and features proximately cause, among other things, substantial injury to a minor.
They are also prohibited from (1) processing the minor’s personal data without receiving the minor’s or his or her parent’s or guardian’s consent and (2) collecting a minor’s precise geolocation data.
Additionally, the bill prohibits certain social media platforms from establishing an account for a minor under age 16 without a parent’s or guardian’s consent (§ 2).
It also requires these platforms to delete a minor’s social media account and stop processing the minor’s personal data within 10 days after getting a request to delete the account.
Under the bill, any violation of the consumer health data, online services, and social media provisions is deemed a violation under the Connecticut Unfair Trade Practices Act (CUTPA), enforced solely by the sSB3 / File No.
604 33 sSB3 File No.
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 23-56

  5. IN CONCURRENCE

  6. HOUSE PASSED, SEN. AMEND. SCH. A

  7. HOUSE ADOPTED SEN. AMEND. SCH. A

  8. HOUSE CALENDAR NUMBER 519

  9. FAV. RPT., TABLED FOR HOUSE CALENDAR

  10. SEN. PASSED, SEN. AMEND. SCH. A

  11. SEN. ADOPTED SEN. AMEND. SCH. A

  12. FILE NO. 604

  13. SENATE CALENDAR NUMBER 347

  14. FAV. RPT., TAB. FOR CAL., SEN.

  15. RPTD. OUT OF LCO

  16. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/17/23

  17. FILED WITH LCO

  18. Joint Favorable Substitute

  19. PUBLIC HEARING 0322

  20. REF. TO JOINT COMM. ON Judiciary

  21. DRAFTED BY COMMITTEE

  22. Vote to Draft

  23. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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37 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (37)

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 3?
SB 3 is sponsored by Eleni Kavros DeGraw (Democratic), Saud Anwar (Democratic), Christine Cohen (Democratic), Delany, Hubert D., Martin M. Looney (Democratic), Tony Hwang (Republican), John W. Fonfara (Democratic), Mae Flexer (Democratic), John-Michael Parker (Democratic), Matt Blumenthal (Democratic), Christie M. Carpino (Republican), Keitt, Sarah, Derek Slap (Democratic), Jorge Cabrera (Democratic), Kathy Kennedy (Republican), Mccarthy Vahey, Cristin, Patricia Billie Miller (Democratic), Bob Duff (Democratic), Cheeseman, Holly H., Kara Rochelle (Democratic), Julie Kushner (Democratic), Heather S. Somers (Republican), Norman Needleman (Democratic), Rick Lopes (Democratic), Douglas McCrory (Democratic), Paul Cicarella (Republican), Herron Gaston (Democratic), Gary A. Winfield (Democratic), Matthew L. Lesser (Democratic), Martha Marx (Democratic), James J. Maroney (Democratic), Jan Hochadel (Democratic), MD Rahman (Democratic), Jeff Gordon (Republican), Ryan Fazio (Republican), Ceci Maher (Democratic), and Marilyn Moore.
What is the current status of SB 3?
This bill has been enacted into law. Introduced January 04, 2023. Enacted.
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