Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Articles
    4. The list grows: Connecticut is the fifth state to enact a privacy law

      Articles

    Article

    The list grows: Connecticut is the fifth state to enact a privacy law

    May 11, 2022

    LinkedInX (Twitter)EmailCopy URL

    By Jenny Holmes and Jason Kravitz

    Connecticut has become the second state in 2022 to enact a comprehensive privacy law and the fifth US state overall.

    Connecticut has become the second state in 2022 to enact a comprehensive privacy law and the fifth US state overall.  By passing the Connecticut Data Privacy Act (CTDPA), Connecticut joins California, Virginia, Colorado, and Utah in regulating businesses that collect, maintain, and/or sell consumers' personal data.  It is set to go into effect on July 1, 2023, the same day as the Colorado Privacy Act.

    Similar to other state privacy laws, the CTDPA places security and disclosure requirements on businesses that meet certain thresholds.  Specifically, the CTDPA applies to businesses that either conduct business in the state or produce products or services targeted to consumers in the same and meets one of the following in the preceding calendar year:

    • Processed personal data of at least 100,000 consumers (excluding personal data processed solely for completing a payment transaction), or
    • Processed personal data of at least 25,000 consumers and derived at least 25% gross revenue from the sale of personal data.

    The CTDPA exempts nonprofit organizations, organizations regulated under GLBA or HIPAA, and employee and business-to-business information.

    As we've seen with the other state laws, the CTDPA requires businesses to establish, implement, and maintain reasonable administrative, technical, and physical data security practices.  The CTDPA also gives consumers the right to access, delete, and/or correct their personal data, as well as the right to opt out of targeted advertising, the sale of personal data, and/or profiling.  Additionally, of note under the CTDPA:

    • Businesses must limit the collection of personal data to that which is "adequate, relevant, and reasonably necessary."
    • Businesses must obtain consumer consent before collecting or using "sensitive data."  "Sensitive data" is defined to include racial or ethnic origin, religious beliefs, health condition or diagnosis, sexual orientation, genetic or biometric data for the purposes of identifying an individual, children's data, and precise geolocation data.
    • Businesses must obtain consent before selling the personal data of or conducting targeted advertising relating to consumers between ages 13 and 16, if the business has actual knowledge of the consumer's age.
    • Businesses must conduct and document a data protection assessment for each of the business's processing activities that present a "heightened risk of harm" to consumers.  This includes processing for targeted advertising, profiling, or sensitive data and the sale of personal data. The Connecticut attorney general may request these assessments in relation to an investigation.
    • Consumers must have the right to opt-out of targeted advertising and/or the sale of their personal data. 

    The CTDPA does not include a private right of action.  Rather, it is enforceable solely by action of the Connecticut attorney general.  Initially, the CTDPA provides for a 60-day cure period for businesses to correct violations before the attorney general can bring an enforcement action.  This cure period expires, however, on December 31, 2024.  You can find the full text of the CTDPA here.

    Nixon Peabody advises domestic and international companies of every size as they address critical privacy and security issues, including these location-specific regulatory requirements. Subscribe to our mailing list for the latest legal developments and events in data privacy and security.

    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved