Surveillance data is defined in the act as data that is obtained through observation, inference, or surveillance of consumers or workers and that is related to personal characteristics, online behaviors, or biometrics of an individual or group, band, class, or tier to which the individual belongs. The definition of 'worker' in the act excludes federal and state employees and employees of public entities. The act prohibits discrimination against a consumer or worker resulting from the use of a price or wage setting algorithm (PWSA) that uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data, the output of which is a substantial factor in:Individualized price setting used to determine the amount charged to a consumer; orIndividualized wage setting used to determine the wage offered to a worker. The act specifies activities that are not individualized price or wage setting, as well as exemptions from the prohibition on price or wage setting. A person has not engaged in individualized price setting if the person can demonstrate, as described in the act, that differential prices are:Based on differences in the cost in providing a good or service to different consumers, such as delivery distance or temporal differences, such as ride or delivery time;Based on publicly disclosed eligibility criteria to all persons that meet the criteria, such as consumers purchasing in volume, or to all members of a broadly defined group of consumers, such as teachers;Afforded on equal terms to all participants in a loyalty, membership, or rewards program or are offered in response to a consumer complaint, service disruption, request for account cancellation, or similar reason;Offered pursuant to a specified needs-based discount program for reduced pricing related to income or financial need, such as hospital discounted care;Based on a subscription or other continuous agreement that includes a monthly or other recurring price that was not informed by a PWSA; orBased on a refusal to extend credit on specific terms or to enter into a financial transaction based on a consumer's data in a consumer report or data required as part of the application for the financial transaction. A person has not engaged in individualized wage setting if the person can demonstrate, as described in the act, that the person offers individualized wages based solely on data specific to an individual worker that is directly related to worker seniority or the tasks the worker was required to perform, and the person discloses to the worker before hiring, and to all workers whose wages are set in whole or in part by a PWSA, what data is considered and how the PWSA considers the data. A person that uses a PWSA shall develop and publish reasonable procedures to ensure the accuracy of all data considered by the PWSA, for workers to request and receive information about what data is collected, and to correct or challenge data considered by a PWSA. A violation of the prohibition against individualized price or wage setting is a deceptive trade practice under the 'Colorado Consumer Protection Act' and is subject to the enforcement provisions and remedies provided in that act.(Note: This summary applies to this bill as enacted.)
The act requires a landlord to:Comply with applicable court rules governing the protection and redaction of personal identifying information in eviction filings; andRedact personal identifying information from supporting documents submitted to a court. The act also requires a landlord to include in all rental applications:A notice to prospective tenants regarding the information and data the landlord will attempt to access when conducting a tenant screening;A general description of the factors the landlord will consider when evaluating a rental application, including a prospective tenant's credit history, rental history, income, and criminal background, if applicable; andAn indication of whether the landlord uses a third-party tenant screening service and, if so, the name of the service.(Note: This summary applies to this bill as enacted.)
Existing law requires a county or municipality to publish legal notices in a physical print newspaper. The act requires a newspaper to also publish these notices online, either on its own website or by providing a link on its website to a location where the full text of the notice is available, such as the statewide public notice website. Legal notices published online must be free to access and cannot be kept behind a paywall or subscription. The act also requires the statewide public notice website to include a list of newspapers that meet the requirements to publish legal notices.(Note: This summary applies to this bill as enacted.)
The bill creates the "Unmanned Aircraft Systems Rights and Authorities Act". The bill does the following:Authorizes an individual to operate an unmanned aircraft system (drone system) for recreational purposes in this state;Authorizes a person to operate a drone system for commercial purposes within this state if the business is lawful and the operation is in compliance with state and federal law;Prohibits the state or a political subdivision of the state (local government) from requiring the registration of an unmanned aircraft or a drone system beyond what may be required by state and federal law;Clarifies that the operation of a drone system in compliance with federal law does not, standing alone, give rise to legal liability;Establishes and limits the regulatory authority of the state; andEstablishes and limits the regulatory authority of a local government.In connection with establishing and limiting the regulatory authority of the state, the bill authorizes the state to regulate the use of drone systems owned by or used by the state or launching from or landing on state property. Exceptions to the state's regulatory authority are made for emergencies, maintenance, technical malfunctions, and law enforcement.In connection with establishing and limiting the regulatory authority of local governments, the bill prohibits a local government from regulating ownership, operation, design, manufacture, testing, maintenance, licensing, registration, certification, or equipment requirements or qualifications, training, or certification of a pilot, operator, or observer. A local government may regulate the use of drone systems owned by or used by the local government or launching from or landing on local government property. A local government's resolution or ordinance that is general in nature, such as a nuisance regulation, applies to a drone system.(Note: This summary applies to this bill as introduced.)
