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Can I use customer data for marketing purposes without violating privacy laws in Colorado? What are the requirements?

Using Customer Data for Marketing Purposes in Colorado

Based on the information provided in the context documents, using customer data for marketing purposes without violating privacy laws in Colorado is subject to certain requirements.

Privacy Policy for Governmental Entities

According to [1.1], each governmental entity of the state shall create a privacy policy for the purpose of standardizing within such governmental entity the collection, storage, transfer, and use of personally identifiable information by such governmental entity. The policy of each governmental entity shall address, but shall not be limited to, the following:

  • A general statement declaring support for the protection of individual privacy
  • A provision for the minimization of the collection of personally identifiable information to the least amount of information required to complete a particular transaction
  • Clear notice of the applicability of the “Colorado Open Records Act” pursuant to part 2 of this article
  • A method for feedback from the public on compliance with the privacy policy
  • A statement that the policy extends to the collection of all personally identifiable information, regardless of the source or medium.

Colorado No-Call List

According to [2.1], it is unlawful to make telephone solicitations to subscribers on the Colorado no-call list. Any person or entity that makes a telephone solicitation to the telephone of any residential subscriber or wireless telephone service subscriber in this state who has added his or her telephone number and zip code to the Colorado no-call list in accordance with rules promulgated under section 6-1-905 shall be subject to penalties.

Inducing Breach of Marketing or Purchasing Contract

According to [4.1], any person who knowingly induces any member of an agricultural cooperative formed under this article, or under similar statutes of another jurisdiction with similar restrictions and rights and operating in this state, to break the member’s marketing or purchasing contract or agreement with the cooperative shall be subject to all available civil remedies, including but not limited to injunctive relief.

Data Privacy Breaches

According to [3.2], any state agency employee who intentionally violates the provisions of article 74 is subject to an injunction and is liable for a civil penalty of not more than fifty thousand dollars for each violation.

Conclusion

Based on the above information, it is clear that using customer data for marketing purposes in Colorado is subject to certain requirements. These requirements include complying with the privacy policy for governmental entities, not making telephone solicitations to subscribers on the Colorado no-call list, not inducing breach of marketing or purchasing contract, and avoiding data privacy breaches.

Source(s):
Jurisdiction

Colorado