Laws & Regulations

AG Tong Touts Early Enforcement Efforts in Connecticut

Connecticut Attorney General William Tong has underscored the importance of compliance with the Connecticut Data Privacy Act (CTDPA), signaling a proactive approach to safeguarding consumer privacy rights in the state. Tong’s remarks came alongside the publication of a comprehensive report aimed at promoting compliance with the CTDPA, shedding light on key compliance measures and enforcement actions taken since the act went into effect.

About the Connecticut Data Privacy Act

Tong’s report offered insights into compliance measures and notifications issued since the law’s enactment on July 1, 2023, emphasizing the state’s commitment to fostering compliance while making clear he is prepared to enforce regulations when needed. “We stand prepared to support compliance efforts, yet remain vigilant in our enforcement role,” Tong affirmed.

Insights from the Report

According to the report, the Attorney General’s office has received a notable influx of complaints related to various aspects of data privacy compliance, calling out areas where businesses may have fallen short in meeting the requirements of the CTDPA. Notably, the report outlines at least 30 complaints received and 10 cure notices issued, categorizing these grievances into distinct areas of concern:

  • Non-Consumer-Friendly Rights Mechanisms: Some businesses have implemented rights mechanisms that do not align with typical consumer interactions, making it challenging for individuals to exercise their privacy rights effectively.
  • Absence of Rights Mechanisms: Instances have been observed where businesses fail to provide clear and visible links for consumers to opt out of data sales or targeted advertising, depriving individuals of essential privacy controls.
  • Faulty or Non-Functional Rights Mechanisms: Technical issues such as broken links or dysfunctional mechanisms have rendered rights mechanisms ineffective, hindering consumers from exercising their privacy rights.
  • Missing Disclosures: Some businesses have neglected to include disclosures regarding consumer rights under the CTDPA, depriving individuals of crucial information about their privacy rights.
  • Insufficient Disclosures: Inadequate disclosures fail to inform Connecticut residents comprehensively about their legal rights or the process for appealing denied requests, undermining transparency and accountability.
  • Misleading Disclosures: Certain disclosures may be misleading, giving the impression that charges for rights requests are the norm, rather than being limited to specific circumstances outlined in the CTDPA.

Enforcement and Compliance Outlook

The comprehensive nature of the report and the proactive measures taken by the Attorney General’s office underscore the seriousness with which Connecticut intends to enforce data privacy regulations. The significant number of complaints received and cure notices issued serves as a stark reminder to businesses operating in the state of the importance of adhering to the provisions of the CTDPA.

Tong’s assertion that the office remains prepared to take enforcement action when necessary indicates a robust enforcement stance, much like California’s Attorney General who has been incredibly vocal about enforcement ramping up.

As businesses navigate the evolving regulatory landscape, it is essential to prioritize compliance efforts and proactively address any shortcomings to avoid potential enforcement actions and ensure continued trust and confidence among consumers. If you have questions about how Truyo helps organizations comply with privacy laws through DSAR automation, updated public notices, consent, opt out, and more, reach out to hello@truyo.com.


Author

Dan Clarke
Dan Clarke
President, Truyo
February 8, 2024