D450E0D517A06B988725822D007860B6 Hearing Summary

Representative Williams, bill sponsor, presented House Bill 18-1063.  The bill amends the Colorado Consumer Reporting Act to allow a consumer to require a consumer reporting agency to obtain his or her consent prior to providing a report to a third party.  The reporting agency must provide written notice of the consumer's right to require this consent.  The bill also requires reporting agencies to develop procedures for a consumer to obtain his or her files after a security breach.  This includes procedures for the consumer to request that the reporting agency, free of charge:

    •    turn over the consumer's file;

    •    purge the consumer's information from its records; and

    •    no longer record or retain any information related to the consumer.

These procedures apply to security breaches occurring on or after January 1, 2017, and exclude publicly available information.  Consumer reporting agencies may develop procedures for responding to third-party requests for information related to a consumer whose data can no longer be stored by the agency.

Eric Ellman, Colorado Data Industry Association, testified in opposition to the bill.

Tracy Vrchota, Accurate Background, testified in opposition to the bill.

Shawn Brunner, Factual Data, testified in opposition to the bill.

Mr. Ellman, Ms. Vrchota, and Ms. Brunner answered questions from the committee.

Danny Katz, Colorado Public Interest Research Group, testified in a neutral capacity.

Alonzo Martinez, National Association of Professional Background Screeners and HireRight, testified in opposition to the bill.

David Foy, RELX Group and LexisNexis, testified in opposition to the bill.

Mr. Martinez answered questions from the committee.

Melanie Layton, Colorado Bankers Association, testified in opposition to the bill.

After discussion with Representative Williams, Representative Foote laid the bill over for action only to a future committee meeting.