Episode 5 speaker Jon Kolodner co-authored a piece with Cleary Gottlieb colleagues in July 2021 entitled “The Centennial State Claims a New Number: Colorado to Become Third State in the U.S. to Enact Comprehensive ‘Privacy Act’”.  The piece states, among other things:

“Another curious point to note, under the ColoPA [Colorado Privacy Act], the definition of ‘consumer’ covers Colorado residents acting in an individual or household context; however, ‘personal data’ under the Act only covers information that is linked or reasonably linkable to an ‘individual’, and not to an entire household.  Thus, arguably, where data is collected that relates to a number of individuals within a household, but is not capable of being linked to one specific individual within that household, the rights afforded to Colorado consumers under the Act may not apply.”

Read the full piece here.