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Colorado: Bill concerning non-profit member data passes third reading in House

On May 5, 2024, Senate Bill 24-129 for an act concerning protecting the privacy of persons associated with non-profit entities, and, in connection therewith, prohibiting public agencies from taking certain actions relating to the collection and disclosure of data that may identify such persons passed its third reading in the Colorado House of Representatives. This follows its passage, on April 26, 2024, in the Colorado State Senate. The bill must now be signed by the Governor of Colorado. 

The bill prohibits public agencies from, among other things:

  • compelling the disclosure of member-specific data from a non-profit entity or an officer, director, employee, or agent of the non-profit entity;
  • compelling a contractor or grantee of a grant program administered by the non-profit to provide a list of non-profit entities to which the contractor or grantee has provided financial or non-financial support; and
  • compelling a non-profit entity to produce member-specific data that is contained in public records where such records are not subject to inspection and copying.

'Member-specific data' is defined by the bill as any document, list, record, or compilation of one or more categories of 'personal identifying information' that identifies, in whole or in part, directly or indirectly, a person as a member, volunteer, or donor to any non-profit entity.

'Public agency' is considered to include any state or local governmental unit, including the State and any department, agency, office, commission, board, division, or other agency of the State.

You can read the bill here and track its progress here.