A5059DF33ACC48248725823400767564 Hearing Summary

The committee recessed.

The committee came back to order.

Representative Bridges and Representative Wist, co-prime bill sponsors, presented House Bill 18-1128. The bill makes changes related to the handling of personally identifying information and required procedures and notifications if this information is breached.

 

The bill requires each public and private entity in the state that maintains paper or electronic documents that contain personally identifying information to develop a written policy for the disposal of such records.  Unless otherwise required by federal law, this policy must require the destruction of these records in a manner that ensures the personally identifying information is unreadable through any means.

 

A person who maintains, owns, or licenses personally identifying information or uses a third party as a service provider must implement and maintain appropriate security procedures to protect personally identifying information from unauthorized access.

 

An individual or commercial entity is required to provide notice to the Colorado Attorney General within seven days if unencrypted or encrypted computerized data is breached and the breach is believed to impact 500 or more Colorado residents.  The Attorney General is authorized to investigate and prosecute the breach upon receipt of this notice.

 

Amendments L.003 [Attachment A], a strike-below amendment, and amendments L.005, L.006, and L.008 [Attachments B to D], all of which amended L.003, were distributed to the committee.

Representative Bridges and Representative Wist answered questions from the committee.

Clifford Riedel, Colorado District Attorneys' Council and 8th Judical District, testified in opposition to the bill. He provided the committee with a packet of letters of opposition from the 5th Judicial District, 6th Judicial District, 11th Judicial District, 12th Judicial District, and 22nd Judicial District  [Attachment E].

George Brauchler, Colorado District Attorneys' Council and 18th Judicial District, testified in opposition to the bill.

District Attorney Brauchler and District Attorney Riedel answered questions from the committee.

Committee discussion with District Attorney Brauchler and District Attorney Riedel ensued.

Rob Shapiro, Office of the Attorney General, testified in support of the bill.  Mr. Shapiro answered questions from the committee.

Todd Olinger, Colorado Bar Association, testified on the bill. He stated that his organization is opposed to the bill as introduced, and that the Colorado Bar Association is currently reviewing amendment L.003.

Joshua Ewing, Colorado Hospital Association, testified against the bill as introduced. He stated that his organization is currently reviewing amendment L.003.

Mr. Ewing and Mr. Olinger answered questions from the committee. Representative Wist made comments to the committee.

Mr. Olinger answered further questions from the committee.

Danny Katz, Colorado Public Interest Research Group, testified in support of the bill.

Eric Bergman, Colorado Counties, Inc., testified on the bill in a neutral capacity.

Rich Jones, The Bell Policy Center, testified in support of the bill. Mr. Jones answered questions from the committee.

Loren Furman, Colorado Association of Commerce and Industry, testified in support of the bill.

Larry Hudson, Colorado Association of Commerce and Industry, testified in support of the bill.

Mr. Hudson and Ms. Furman answered questions from the committee.

Alissa Gardenswartz, Office of the Attorney General, testified in support of the bill.

David Stauss, representing himself, testified on the bill in a neutral position. Mr. Stauss answered questions from the committee.

The committee recessed.

The committee came back to order.

Representative Foote made comments about the amendment phase.

Representative Bridges explained amendment L.005 [Attachment B].

Representative Bridges explained amendment L.006 [Attachment C].

Representative Foote explained amendment L.008 [Attachment D]. Committee members discussed amendment L.008. Representative Wist made comments to the committee concerning amendment L.008.

Representative Wist and Representative Bridges made concluding remarks about the bill.  Committee members made comments about the bill.