Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I collect location information from participants in Colorado? What are the requirements?

Collecting Location Information in Colorado

Colorado has strict laws regarding the collection, storage, and use of personally identifiable information, including location information.

According to [1.3]" >CORS 24-74-102, “personal identifying information” means information that may be used, along or in conjunction with any other information, to identify a specific individual, including but not limited to a name; a date of birth; a place of birth; a social security number or tax identification number; a password or pass code; an official government-issued driver’s license or identification card number; information contained in an employment authorization document; information contained in a permanent resident card; vehicle registration information; a license plate number; a photograph, electronically stored photograph, or digitized image; a fingerprint; a record of a physical feature, a physical characteristic, a behavioral characteristic, or handwriting; a government passport number; a health insurance identification number; an employer, student, or military identification number; a financial transaction device; a school or educational institution attended; a source of income; medical information; biometric data; financial and tax records; home or work addresses or other contact information; family or emergency contact information; status as a recipient of public assistance or as a crime victim; race; ethnicity; national origin; immigration or citizenship status; sexual orientation; gender identity; physical disability; intellectual and developmental disability; or religion.

Requirements for Collecting Location Information

If you plan to collect location information from participants in Colorado, you must comply with the requirements set forth in [1.1]" >CORS 24-74-106.

Beginning January 1, 2022, if a third party makes a request for a record from a state agency and the record contains personal identifying information, the state agency shall retain a written record containing the following information:

  • The request;
  • The date of the request;
  • Whether the request was granted or denied;
  • The name and title of the state agency employee who granted or denied the request;
  • A description of the articulated purpose of the request;
  • The identity of the requestor, including the federal office or agency or other entity that requested information, the name of the individual requestor, and, if the requestor is a law enforcement officer, the individual’s badge number; and
  • A summary of why the request was granted or denied.

Additionally, beginning March 1, 2022, “request” includes a request through Colorado DRIVES, as defined in section 42-1-102 (16.5) [1.1]" >CORS 24-74-106.

Conclusion

In summary, you can collect location information from participants in Colorado, but you must comply with the requirements set forth in [1.1]" >CORS 24-74-106. It is important to ensure that you are not collecting any personal identifying information without proper consent and that you are retaining written records of any requests for records or information that include personal identifying information.

Source(s):
Jurisdiction

Colorado