Connecticut 2023 2023 Regular Session

Connecticut Senate Bill SB00003 Comm Sub / Bill

Filed 04/17/2023

                     
 
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General Assembly  Substitute Bill No. 3  
January Session, 2023 
 
 
 
 
 
AN ACT CONCERNING ONLINE PRIVACY, DATA AND SAFETY 
PROTECTIONS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective July 1, 2025) (a) For the purposes of this 1 
section, unless the context otherwise requires: 2 
(1) "Abortion" means terminating a pregnancy for any purpose other 3 
than producing a live birth; 4 
(2) "Affiliate" means any legal entity that (A) shares common 5 
branding with another legal entity, and (B) controls, is controlled by or 6 
is under common control with another legal entity through (i) 7 
ownership of, or the power to vote, more than fifty per cent of the 8 
outstanding shares of any class of voting securities in either legal entity, 9 
(ii) control over the election of a majority of the directors of either legal 10 
entity or individuals exercising similar functions of the directors of 11 
either legal entity, or (iii) the power to exercise a controlling influence 12 
over the management of either legal entity; 13 
(3) "Biometric data" has the same meaning as provided in section 42-14 
515 of the general statutes; 15 
(4) "Collect" means to buy, rent, access, retain, receive, acquire, infer, 16  Substitute Bill No. 3 
 
 
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derive or otherwise process consumer health data in any manner; 17 
(5) "Consent" has the same meaning as provided in section 42-515 of 18 
the general statutes; 19 
(6) "Consumer" has the same meaning as provided in section 42-515 20 
of the general statutes; 21 
(7) "Consumer health data" (A) means any personal information that 22 
is linked, or reasonably linkable, to a consumer and identifies the 23 
consumer's past, present or future physical or mental health, including, 24 
but not limited to, any (i) individual health condition, treatment, status, 25 
disease or diagnosis, (ii) social, psychological, behavioral or medical 26 
intervention, (iii) health-related surgery or procedure, (iv) use or 27 
purchase of medication, (v) bodily function, vital sign or symptom or 28 
any measurement of any such function, sign or symptom, (vi) diagnosis 29 
or diagnostic testing, treatment or medication, (vii) gender-affirming 30 
care information, (viii) reproductive or sexual health information, (ix) 31 
biometric data concerning the information described in this 32 
subparagraph, (x) genetic data concerning the information described in 33 
this subparagraph, (xi) precise location information that could 34 
reasonably indicate such consumer's attempt to acquire or receive health 35 
services or supplies, or (xii) information described in subparagraphs 36 
(A)(i) to (A)(xi), inclusive, of this subdivision that is derived or 37 
extrapolated from non-health information such as proxy, derivative, 38 
inferred or emergent data derived or extrapolated by any means, 39 
including, but not limited to, algorithms or machine learning, and (B) 40 
does not include any personal information that is used to engage in any 41 
public or peer-reviewed scientific, historical or statistical research, 42 
provided such research (i) is in the public interest, (ii) adheres to all 43 
other applicable ethics and privacy laws, and (iii) is approved, 44 
monitored and governed by an institutional review board, human 45 
subjects research ethics review board or another similar independent 46 
oversight entity that determines that the regulated entity has 47 
implemented reasonable safeguards to mitigate privacy risks associated 48 
with such research, including, but not limited to, any risks associated 49  Substitute Bill No. 3 
 
 
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with re-identification; 50 
(8) "De-identified data" has the same meaning as provided in section 51 
42-515 of the general statutes; 52 
(9) "Gender-affirming care information" means any personal 53 
information concerning seeking or obtaining past, present or future 54 
gender-affirming care services, including, but not limited to, (A) any 55 
precise location information that could reasonably indicate a consumer's 56 
attempt to seek or obtain gender-affirming care services, (B) any 57 
personal information concerning any effort made to research or obtain 58 
gender-affirming care services, or (C) any gender-affirming care 59 
information that is derived, extrapolated or inferred, including, but not 60 
limited to, any such information that is derived, extrapolated or inferred 61 
from non-health information such as proxy, derivative, inferred, 62 
emergent or algorithmic data; 63 
(10) "Gender-affirming care services" (A) means health services or 64 
products that support and affirm any consumer's gender identity, 65 
including, but not limited to, social, psychological, behavioral, cosmetic, 66 
medical or surgical interventions, and (B) includes, but is not limited to, 67 
treatments for gender dysphoria, gender-affirming hormone therapy 68 
and gender-affirming surgical procedures; 69 
(11) "Genetic data" means any data, regardless of format, concerning 70 
a consumer's genetic characteristics and includes, but is not limited to, 71 
(A) raw sequence data that result from the sequencing of a consumer's 72 
complete extracted DNA or a portion of such extracted DNA, (B) 73 
genotypic and phenotypic information that results from analyzing such 74 
raw sequence data, and (C) self-reported health data that a consumer 75 
submits to a regulated entity and is analyzed in connection with such 76 
raw sequence data; 77 
(12) "Geofence" means any technology that uses global positioning 78 
coordinates, cell tower connectivity, cellular data, radio frequency 79 
identification, wireless fidelity technology data or any other form of 80  Substitute Bill No. 3 
 
 
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location detection, or any combination of such coordinates, connectivity, 81 
data, identification or other form of location detection, to establish a 82 
virtual boundary that is within two thousand feet of the perimeter 83 
around any physical location; 84 
(13) "Health care service" means any service provided to any 85 
consumer to assess, measure, improve or learn about such consumer's 86 
health, including, but not limited to, any service provided to assess, 87 
measure, improve or learn about any (A) individual health condition, 88 
status, disease or diagnosis, (B) social, psychological, behavioral or 89 
medical intervention, (C) health-related surgery or procedure, (D) use 90 
or purchase of medication, (E) bodily function, vital sign or symptom or 91 
any measurement of any such function, sign or symptom, (F) diagnosis 92 
or diagnostic testing, treatment or medication, (G) reproductive or 93 
sexual health service, or (H) gender-affirming care services; 94 
(14) "Person" means any individual, corporation, trust, 95 
unincorporated association or partnership, but does not include any 96 
government agency, tribal nation government organization or 97 
contracted service provider when such service provider is processing 98 
consumer health data on behalf of a government agency; 99 
(15) "Personal information" (A) means any information that 100 
identifies, or is reasonably capable of being associated or linked, directly 101 
or indirectly, with any consumer, (B) includes, but is not limited to, any 102 
data associated with a persistent unique identifier such as an Internet 103 
browser cookie, Internet protocol address, device identifier or any other 104 
form of persistent unique identifier, and (C) does not include any 105 
publicly available information or de-identified data; 106 
(16) "Precise location information" has the same meaning as provided 107 
in section 42-515 of the general statutes; 108 
(17) "Process" and "processing" mean any operation or set of 109 
operations performed on consumer health data; 110 
(18) "Processor" has the same meaning as provided in section 42-515 111  Substitute Bill No. 3 
 
 
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of the general statutes; 112 
(19) "Publicly available information" has the same meaning as 113 
provided in section 42-515 of the general statutes; 114 
(20) "Regulated entity" (A) means any legal entity that (i) does 115 
business in this state or produces or provides goods or services that are 116 
targeted to consumers in this state, and (ii) alone or jointly with others, 117 
determines the purpose and means of collecting, processing, sharing or 118 
selling consumer health data, and (B) does not mean any government 119 
agency, tribal nation government organization or contracted service 120 
provider when such service provider is processing consumer health 121 
data on behalf of a government agency; 122 
(21) "Reproductive or sexual health information" (A) means any 123 
personal information concerning seeking or obtaining past, present or 124 
future reproductive or sexual health services, and (B) includes, but is not 125 
limited to, (i) any precise location information that could reasonably 126 
indicate a consumer's attempt to acquire or receive reproductive or 127 
sexual health services, (ii) any personal information concerning any 128 
effort made to research or obtain reproductive or sexual health services, 129 
and (iii) any personal information or location information described in 130 
this subdivision that is derived, extrapolated or inferred, including, but 131 
not limited to, any such information that is derived, extrapolated or 132 
inferred from any non-health information such as proxy, derivative, 133 
inferred, emergent or algorithmic data; 134 
(22) "Reproductive or sexual health service" means any health service 135 
or product that supports or concerns any consumer's reproductive 136 
system or sexual well-being, including, but not limited to, any health 137 
service or product that supports or concerns any (A) individual health 138 
condition, status, disease or diagnosis, (B) social, psychological, 139 
behavioral or medical intervention, (C) health-related surgery or 140 
procedure, including, but not limited to, an abortion, (D) use or 141 
purchase of any medication, including, but not limited to, any 142 
medication used or purchased for the purposes of an abortion, (E) 143  Substitute Bill No. 3 
 
 
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bodily function, vital sign or symptom or any measurement of any such 144 
function, sign or symptom, (F) diagnosis or diagnostic testing, treatment 145 
or medication, and (G) medical or nonmedical service concerning and 146 
provided in conjunction with an abortion, including, but not limited to, 147 
any diagnostics, counseling, supplies and follow-up services concerning 148 
and provided in conjunction with an abortion; 149 
(23) "Sale" or "sell" (A) means sharing consumer health data for 150 
monetary or other valuable consideration, and (B) does not include 151 
sharing consumer health data for monetary or other valuable 152 
consideration (i) to a third party as an asset that is part of a merger, 153 
acquisition, bankruptcy or other transaction in which the third party 154 
assumes control of all or part of the regulated entity's assets and 155 
complies with the requirements established in this section, or (ii) by a 156 
regulated entity to a processor when sharing such consumer health data 157 
is consistent with the purpose for which the consumer health data was 158 
collected and disclosed to the consumer; 159 
(24) "Service provider" means any person that processes consumer 160 
health data on behalf of a regulated entity; 161 
(25) "Share" and "sharing" (A) mean any release, disclosure, 162 
dissemination, divulsion, making available, provision of access to, 163 
licensing or communication, orally, in writing or by electronic or any 164 
other means, of consumer health data by a regulated entity to a third 165 
party or affiliate, and (B) do not include (i) any disclosure of consumer 166 
health data by a regulated entity to a processor if such disclosure is to 167 
provide goods or services in a manner that is consistent with the 168 
purpose for which such data was collected and disclosed to the 169 
consumer, (ii) any disclosure of consumer health data made to a third 170 
party with whom the consumer has a direct relationship when (I) such 171 
disclosure is made for the purpose of providing a product or service 172 
requested by such consumer, (II) the regulated entity maintains control 173 
and ownership of such data, and (III) the third party exclusively uses 174 
such data at the regulated entity's direction and in a manner that is 175 
consistent with the purpose for which such data was collected and 176  Substitute Bill No. 3 
 
 
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disclosed to the consumer, or (iii) any disclosure or transfer of consumer 177 
health data made to a third party as an asset that is part of a merger, 178 
acquisition, bankruptcy or other transaction in which the third party 179 
assumes control of all or part of the regulated entity's assets and 180 
complies with the requirements established in this section; and 181 
(26) "Third party" means any entity other than a consumer, regulated 182 
entity or affiliate of a regulated entity. 183 
(b) Notwithstanding any provision of the general statutes, each 184 
regulated entity shall: 185 
(1) Restrict access to consumer health data by the employees, 186 
processors and contractors of such regulated entity: 187 
(A) To those employees, processors and contractors for which the 188 
consumer to whom such data relates has provided consent; or 189 
(B) Where such access is necessary to provide to the consumer to 190 
whom such data relates a product or service that such consumer has 191 
requested from such regulated entity; 192 
(2) Establish, implement and maintain administrative, technical and 193 
physical data security practices that, at a minimum, satisfy a reasonable 194 
standard of care within such regulated entity's industry to protect the 195 
confidentiality, integrity and accessibility of consumer health data in a 196 
manner that is appropriate for the volume and nature of such consumer 197 
health data; and 198 
(3) (A) Not collect or share consumer health data concerning any 199 
consumer (i) without having first obtained such consumer's consent to 200 
collect or share such consumer health data for a specified purpose, (ii) 201 
beyond what is reasonably necessary, proportionate and limited to 202 
provide or maintain (I) a specific product or service requested by such 203 
consumer, or (II) any communication by such regulated entity to such 204 
consumer that is reasonably anticipated within the context of their 205 
relationship, or (iii) for any purpose that is not expressly permitted 206  Substitute Bill No. 3 
 
 
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under the provisions of this section. 207 
(B) The consent required under subparagraph (A) of this subdivision 208 
shall (i) be separately and distinctly obtained for collecting and sharing 209 
consumer health data, and (ii) clearly and conspicuously disclose (I) the 210 
categories of consumer health data collected or shared, (II) the purpose 211 
of collecting or sharing the consumer health data, including, but not 212 
limited to, the specific ways in which such consumer health data will be 213 
used, (III) the categories of entities with which the consumer health data 214 
will be shared, and (IV) how the consumer may withdraw consent from 215 
any future collection or sharing of such consumer's consumer health 216 
data. 217 
(c) (1) Notwithstanding any provision of the general statutes, no 218 
person shall: 219 
(A) Sell, or offer to sell, consumer health data without first obtaining 220 
the consumer's signed, written consent on a form described in 221 
subdivision (2) of this subsection; or 222 
(B) Implement a geofence to identify, track, collect data from or send 223 
notifications or messages to a consumer that enters the virtual perimeter 224 
around a health care provider or health care facility providing health 225 
care services on an in-person basis. 226 
(2) Prior to selling, or offering to sell, a consumer's consumer health 227 
data, the person who intends to sell, or offer to sell, such consumer 228 
health data shall provide to the consumer a form containing: 229 
(A) A description of the consumer health data to be offered or sold; 230 
(B) The name of, and contact information for, the person who 231 
collected and intends to sell, or offer to sell, such consumer health data; 232 
(C) The name of, and contact information for, the person who intends 233 
to purchase such consumer health data from the person described in 234 
subparagraph (B) of this subdivision; 235  Substitute Bill No. 3 
 
 
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(D) A description of the purpose of such proposed offer or sale, 236 
including, but not limited to, a description of how such consumer health 237 
data will be gathered and how the person described in subparagraph 238 
(C) of this subdivision intends to use such consumer health data; 239 
(E) A statement disclosing that the provision of goods or services 240 
shall not be made conditional on such consumer signing such form; 241 
(F) A statement disclosing that such consumer has a right to revoke 242 
such consumer's consent at any time and a description of how such 243 
consumer may revoke such consent; 244 
(G) A statement disclosing that any consumer health data sold 245 
pursuant to this subsection may be subject to redisclosure by the person 246 
described in subparagraph (C) of this subdivision and may no longer be 247 
protected under this section following such redisclosure; 248 
(H) An expiration date for such consent, which date shall be not later 249 
than one year after such consumer signs such form; and 250 
(I) Such consumer's signature and the date on which such consumer 251 
signs such form. 252 
(3) No form required under subparagraph (A) of subdivision (1) of 253 
this subsection shall be valid if: 254 
(A) The expiration date on such form has passed; 255 
(B) Such form does not satisfy the requirements established in 256 
subdivision (2) of this subsection; 257 
(C) The consumer has revoked such consumer's consent; 258 
(D) Such form has been combined with any other document for the 259 
purpose of obtaining consent concerning multiple sales, or offers to sell, 260 
consumer health data; or 261 
(E) The provision of goods or services is conditioned on the consumer 262  Substitute Bill No. 3 
 
 
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signing such form. 263 
(4) Each person who provides a form to a consumer pursuant to 264 
subdivision (2) of this subsection shall provide a signed copy of such 265 
form to the consumer who signed such form. 266 
(5) Each person who sells or purchases consumer health data in the 267 
manner described in this subsection shall retain a copy of each form 268 
required under subdivision (2) of this subsection for a period of at least 269 
six years beginning on the date the consumer signed such form or the 270 
last date such form was effective, whichever is later. 271 
(d) A processor may process consumer health data only pursuant to 272 
a binding contract between the processor and a regulated entity, which 273 
contract shall set forth the processing instructions for, and limit the 274 
actions which the processor may take with respect to, the consumer 275 
health data such processor processes on behalf of the regulated entity. 276 
The processor shall not process consumer health data in a manner that 277 
is inconsistent with the terms of such contract. The processor shall assist 278 
the regulated entity by taking all appropriate and possible technical and 279 
organizational measures that are necessary for such regulated entity to 280 
perform such regulated entity's duties under this section. If the 281 
processor fails to adhere to the regulated entity's processing instructions 282 
or processes consumer health data in a manner that is outside the scope 283 
of such contract, such processor shall be deemed to constitute a 284 
regulated entity and shall be subject to all provisions of this section 285 
concerning regulated entities. 286 
(e) Any violation of the provisions of this section shall constitute an 287 
unfair trade practice under subsection (a) of section 42-110b of the 288 
general statutes and shall be enforced solely by the Attorney General. 289 
Nothing in this section shall be construed to create a private right of 290 
action or to provide grounds for an action under section 42-110g of the 291 
general statutes. 292 
Sec. 2. (NEW) (Effective July 1, 2024) (a) For the purposes of this 293  Substitute Bill No. 3 
 
 
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section: 294 
(1) "Consumer" has the same meaning as provided in section 42-515 295 
of the general statutes; 296 
(2) "Minor" means any consumer who is younger than eighteen years 297 
of age; 298 
(3) "Personal data" has the same meaning as provided in section 42-299 
515 of the general statutes; and 300 
(4) "Social media platform" (A) means a public or semi-public 301 
Internet-based service or application that (i) is used by a consumer in 302 
this state, (ii) is primarily intended to connect and allow users to socially 303 
interact within such service or application, and (iii) enables a user to (I) 304 
construct a public or semi-public profile for the purposes of signing into 305 
and using such service or application, (II) populate a public list of other 306 
users with whom the user shares a social connection within such service 307 
or application, and (III) create or post content that is viewable by other 308 
users, including, but not limited to, on message boards, in chat rooms, 309 
or through a landing page or main feed that presents the user with 310 
content generated by other users, and (B) does not include a public or 311 
semi-public Internet-based service or application that (i) exclusively 312 
provides electronic mail or direct messaging services, or (ii) primarily 313 
consists of news, sports, entertainment, electronic commerce or content 314 
that is preselected by the provider or for which any chat, comments or 315 
interactive functionality is incidental to, directly related to, or 316 
dependent on the provision of such content. 317 
(b) Not later than ten days after a social media platform receives a 318 
request to delete a social media platform account from a minor or, if the 319 
minor is younger than sixteen years of age, from a minor's parent or 320 
legal guardian, the social media platform shall delete the minor's social 321 
media platform account and cease processing such minor's personal 322 
data. A social media platform shall establish, and shall describe in a 323 
privacy notice, one or more secure and reliable means for submitting a 324  Substitute Bill No. 3 
 
 
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request pursuant to this subsection. 325 
(c) No social media platform shall establish an account for a minor 326 
who is younger than sixteen years of age unless the social media 327 
platform has obtained consent from the minor's parent or legal guardian 328 
to establish such account. 329 
(d) Any violation of the provisions of this section shall constitute an 330 
unfair trade practice under subsection (a) of section 42-110b of the 331 
general statutes and shall be enforced solely by the Attorney General. 332 
Nothing in this section shall be construed to create a private right of 333 
action or to provide grounds for an action under section 42-110g of the 334 
general statutes. 335 
Sec. 3. (NEW) (Effective July 1, 2025) For the purposes of this section 336 
and sections 4 to 8, inclusive, of this act: 337 
(1) "Adult" means any individual who is at least eighteen years of age; 338 
(2) "Algorithm" means any computerized procedure consisting of a 339 
set of steps used to accomplish a predetermined objective; 340 
(3) "Consent" has the same meaning as provided in section 42-515 of 341 
the general statutes; 342 
(4) "Consumer" has the same meaning as provided in section 42-515 343 
of the general statutes; 344 
(5) "Controller" means any person that, alone or jointly with others, 345 
determines the purpose and means of processing personal data; 346 
(6) "Heightened risk of harm to minors" means processing minors' 347 
personal data, including, but not limited to, through use of any 348 
algorithm, in a manner that presents any reasonably foreseeable risk of 349 
(A) any unfair or deceptive treatment of, or any unlawful disparate 350 
impact on, minors, (B) any financial, physical or reputational injury to 351 
minors, (C) any physical or other intrusion upon the solitude or 352  Substitute Bill No. 3 
 
 
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seclusion, or the private affairs or concerns, of minors if such intrusion 353 
would be offensive to a reasonable person, or (D) any other substantial 354 
injury to minors; 355 
(7) "HIPAA" has the same meaning as provided in section 42-515 of 356 
the general statutes; 357 
(8) "Minor" means any consumer who is younger than eighteen years 358 
of age; 359 
(9) "Online service, product or feature" means any service, product or 360 
feature that is provided online. "Online service, product or feature" does 361 
not include any (A) telecommunications service, as defined in 47 USC 362 
153, as amended from time to time, or (B) delivery or use of a physical 363 
product; 364 
(10) "Person" means an individual, association, company, limited 365 
liability company, corporation, partnership, sole proprietorship or trust; 366 
(11) "Personal data" has the same meaning as provided in section 42-367 
515 of the general statutes; 368 
(12) "Precise geolocation data" has the same meaning as provided in 369 
section 42-515 of the general statutes; 370 
(13) "Process" and "processing" have the same meaning as provided 371 
in section 42-515 of the general statutes; 372 
(14) "Processor" means any person that, on behalf of a controller, 373 
processes personal data; 374 
(15) "Profiling" has the same meaning as provided in section 42-515 375 
of the general statutes; 376 
(16) "Protected health information" has the same meaning as 377 
provided in section 42-515 of the general statutes; 378 
(17) "Sale of personal data" has the same meaning as provided in 379  Substitute Bill No. 3 
 
 
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section 42-515 of the general statutes; 380 
(18) "Targeted advertising" (A) means displaying an advertisement to 381 
a minor based on profiling, and (B) does not include (i) an advertisement 382 
that is (I) based on the context of a minor's current search query, visit to 383 
an Internet web site or online application, or (II) directed to a minor in 384 
response to the minor's current request for information or feedback, or 385 
(ii) processing personal data solely to measure or report advertising 386 
frequency, performance or reach; and 387 
(19) "Third party" has the same meaning as provided in section 42-388 
515 of the general statutes. 389 
Sec. 4. (NEW) (Effective July 1, 2025) (a) Each controller that offers any 390 
online service, product or feature to consumers whom such controller 391 
has actual knowledge, or wilfully disregards, are minors shall use 392 
reasonable care to avoid any heightened risk of harm to minors 393 
proximately caused by such online service, product or feature. 394 
(b) (1) Subject to the consent requirement established in subdivision 395 
(3) of this subsection, no controller that offers any online service, 396 
product or feature to consumers whom such controller has actual 397 
knowledge, or wilfully disregards, are minors shall process any minor's 398 
personal data: (A) For the purposes of (i) targeted advertising, (ii) any 399 
sale of personal data, or (iii) profiling in furtherance of any decision 400 
made by such controller that results in the provision or denial by such 401 
controller of any financial or lending services, housing, insurance, 402 
education enrollment or opportunity, criminal justice, employment 403 
opportunities, health care services or access to essential goods or 404 
services; (B) that is not reasonably necessary to provide such online 405 
service, product or feature; (C) for any processing purpose other than 406 
the purpose that the controller disclosed at the time such controller 407 
collected such personal data; (D) for longer than is reasonably necessary 408 
to provide such online service, product or feature; or (E) in any 409 
circumstances in which such minor's personal data is accessible by, or 410 
visible to, any other user of such online service, product or feature. 411  Substitute Bill No. 3 
 
 
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(2) Subject to the consent requirement established in subdivision (3) 412 
of this subsection, no controller that offers an online service, product or 413 
feature to consumers whom such controller has actual knowledge, or 414 
wilfully disregards, are minors shall collect a minor's precise 415 
geolocation data unless: (A) Such precise geolocation data is necessary 416 
for the controller to provide such online service, product or feature and, 417 
if such data is necessary to provide such online service, product or 418 
feature, such controller may only collect such data for the time necessary 419 
to provide such online service, product or feature; and (B) the controller 420 
provides to the minor a signal indicating that such controller is 421 
collecting such precise geolocation data, which signal shall be 422 
conspicuous to such minor for the entire duration of such collection. 423 
(3) No controller shall engage in the activities described in 424 
subdivisions (1) and (2) of this subsection unless the controller obtains 425 
the minor's consent or, if the minor is younger than thirteen years of age, 426 
the consent of such minor's parent or legal guardian. A controller that 427 
complies with the verifiable parental consent requirements established 428 
in the Children's Online Privacy Protection Act of 1998, 15 USC 6501 et 429 
seq., and the regulations, rules, guidance and exemptions adopted 430 
pursuant to said act, as said act and such regulations, rules, guidance 431 
and exemptions may be amended from time to time, shall be deemed to 432 
have satisfied any requirement to obtain parental consent under this 433 
subdivision. 434 
(c) No controller that offers any online service, product or feature to 435 
consumers whom such controller has actual knowledge, or wilfully 436 
disregards, are minors shall: (1) Use any user interface designed or 437 
manipulated with the substantial effect of subverting or impairing user 438 
autonomy, decision-making or choice, including, but not limited to, any 439 
practice the Federal Trade Commission refers to as a "dark pattern", to 440 
lead or encourage any minor to provide any personal data that is not 441 
reasonably necessary to provide such online service, product or feature; 442 
(2) by default use any system design feature to increase, sustain or 443 
extend any minor's use of such online service, product or feature by, 444  Substitute Bill No. 3 
 
 
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among other things, automatically playing any media, offering any 445 
reward to encourage such minor to spend time using such online 446 
service, product or feature or sending notifications to such minor; (3) 447 
allow any minor's parent, legal guardian or any other consumer to 448 
monitor such minor's online activity unless such controller provides to 449 
such minor a signal, which is obvious to such minor, indicating that 450 
such minor is being monitored; or (4) allow any adult to contact any 451 
minor through any messaging apparatus unless such adult previously 452 
established and maintains an ongoing lawful relationship with such 453 
minor. 454 
Sec. 5. (NEW) (Effective July 1, 2025) (a) Each controller that, on or after 455 
July 1, 2025, offers any online service, product or feature to consumers 456 
whom such controller has actual knowledge, or wilfully disregards, are 457 
minors shall conduct a data protection assessment for such online 458 
service, product or feature: (1) In a manner that is consistent with the 459 
requirements established in section 42-522 of the general statutes; and 460 
(2) that addresses (A) the purpose of such online service, product or 461 
feature, (B) the categories of minors' personal data that such online 462 
service, product or feature processes, (C) the purposes for which such 463 
controller processes minors' personal data with respect to such online 464 
service, product or feature, and (D) any heightened risk of harm to 465 
minors that is a reasonably foreseeable result of offering such online 466 
service, product or feature to minors. 467 
(b) Each controller that conducts a data protection assessment 468 
pursuant to subsection (a) of this section shall: (1) Review such data 469 
protection assessment at least biennially; and (2) maintain 470 
documentation concerning such data protection assessment as long as 471 
such controller offers the online service, product or feature that is the 472 
subject of such assessment to minors. 473 
(c) If any controller conducts a data protection assessment pursuant 474 
to subsection (a) of this section and determines that the online service, 475 
product or feature that is the subject of such assessment poses a 476 
heightened risk of harm to minors, such controller shall establish and 477  Substitute Bill No. 3 
 
 
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implement a plan to mitigate or eliminate such risk before such 478 
controller offers such online service, product or feature to consumers 479 
whom such controller has actual knowledge, or wilfully disregards, are 480 
minors. 481 
Sec. 6. (NEW) (Effective July 1, 2025) (a) A processor shall adhere to 482 
the instructions of a controller and shall assist the controller in meeting 483 
the controller's obligations under sections 3 to 8, inclusive, of this act. 484 
Such assistance shall include providing necessary information to enable 485 
the controller to conduct and document data protection assessments. 486 
(b) A contract between a controller and a processor shall govern the 487 
processor's data processing procedures with respect to processing 488 
performed on behalf of the controller. The contract shall be binding and 489 
clearly set forth instructions for processing data, the nature and purpose 490 
of processing, the type of data subject to processing, the duration of 491 
processing and the rights and obligations of both parties. The contract 492 
shall also require that the processor: (1) Ensure that each person 493 
processing personal data is subject to a duty of confidentiality with 494 
respect to the data; (2) at the controller's direction, delete or return all 495 
personal data to the controller as requested at the end of the provision 496 
of services, unless retention of the personal data is required by law; (3) 497 
upon the reasonable request of the controller, make available to the 498 
controller all information in its possession necessary to demonstrate the 499 
processor's compliance with the obligations in sections 3 to 8, inclusive, 500 
of this act; (4) after providing the controller an opportunity to object, 501 
engage any subcontractor pursuant to a written contract that requires 502 
the subcontractor to meet the obligations of the processor with respect 503 
to the personal data; and (5) allow, and cooperate with, reasonable 504 
assessments by the controller or the controller's designated assessor, or 505 
the processor may arrange for a qualified and independent assessor to 506 
conduct an assessment of the processor's policies and technical and 507 
organizational measures in support of the obligations under sections 3 508 
to 8, inclusive, of this act, using an appropriate and accepted control 509 
standard or framework and assessment procedure for such assessments. 510  Substitute Bill No. 3 
 
 
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The processor shall provide a report of such assessment to the controller 511 
upon request. 512 
(c) Nothing in this section shall be construed to relieve a controller or 513 
processor from the liabilities imposed on the controller or processor by 514 
virtue of such controller's or processor's role in the processing 515 
relationship, as described in sections 3 to 8, inclusive, of this act. 516 
(d) Determining whether a person is acting as a controller or 517 
processor with respect to a specific processing of data is a fact-based 518 
determination that depends upon the context in which personal data is 519 
to be processed. A person who is not limited in such person's processing 520 
of personal data pursuant to a controller's instructions, or who fails to 521 
adhere to such instructions, is a controller and not a processor with 522 
respect to a specific processing of data. A processor that continues to 523 
adhere to a controller's instructions with respect to a specific processing 524 
of personal data remains a processor. If a processor begins, alone or 525 
jointly with others, determining the purposes and means of the 526 
processing of personal data, the processor is a controller with respect to 527 
such processing and may be subject to an enforcement action under 528 
section 8 of this act. 529 
Sec. 7. (NEW) (Effective July 1, 2025) (a) The provisions of sections 1, 3 530 
to 6, inclusive, and 8 of this act shall not apply to any: (1) Body, 531 
authority, board, bureau, commission, district or agency of this state or 532 
of any political subdivision of this state; (2) organization that is exempt 533 
from taxation under Section 501(c)(3), 501(c)(4), 501(c)(6) or 501(c)(12) of 534 
the Internal Revenue Code of 1986, or any subsequent corresponding 535 
internal revenue code of the United States, as amended from time to 536 
time; (3) individual who, or school, board, association, limited liability 537 
company or corporation that, is licensed or accredited to offer one or 538 
more programs of higher learning leading to one or more degrees; (4) 539 
national securities association that is registered under 15 USC 78o-3, as 540 
amended from time to time; (5) financial institution or data that is 541 
subject to Title V of the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., as 542 
amended from time to time; (6) covered entity or business associate, as 543  Substitute Bill No. 3 
 
 
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defined in 45 CFR 160.103, as amended from time to time; or (7) air 544 
carrier, as defined in 49 USC 40102, as amended from time to time, and 545 
regulated under the Federal Aviation Act of 1958, 49 USC 40101 et seq., 546 
and the Airline Deregulation Act, 49 USC 41713, as said acts may be 547 
amended from time to time. 548 
(b) The following information and data is exempt from the provisions 549 
of sections 1, 3 to 6, inclusive, and 8 of this act: (1) Protected health 550 
information; (2) patient-identifying information for the purposes of 42 551 
USC 290dd-2, as amended from time to time; (3) identifiable private 552 
information for the purposes of the federal policy for the protection of 553 
human subjects under 45 CFR 46, as amended from time to time; (4) 554 
identifiable private information that is otherwise information collected 555 
as part of human subjects research pursuant to the good clinical practice 556 
guidelines issued by the International Council for Harmonisation of 557 
Technical Requirements for Pharmaceuticals for Human Use, as 558 
amended from time to time; (5) the protection of human subjects under 559 
21 CFR Parts 6, 50 and 56, as amended from time to time, or personal 560 
data used or shared in research, as defined in 45 CFR 164.501, as 561 
amended from time to time, that is conducted in accordance with the 562 
standards set forth in this subdivision and subdivisions (3) and (4) of 563 
this subsection, or other research conducted in accordance with 564 
applicable law; (6) information and documents created for the purposes 565 
of the Health Care Quality Improvement Act of 1986, 42 USC 11101 et 566 
seq., as amended from time to time; (7) patient safety work products for 567 
the purposes of section 19a-127o of the general statutes and the Patient 568 
Safety and Quality Improvement Act, 42 USC 299b-21 et seq., as 569 
amended from time to time; (8) information derived from any of the 570 
health care related information listed in this subsection that is de-571 
identified in accordance with the requirements for de-identification 572 
under HIPAA; (9) information originating from and intermingled so as 573 
to be indistinguishable from, or information treated in the same manner 574 
as, information that is exempt under this subsection and maintained by 575 
a covered entity or business associate, program or qualified service 576 
organization, as specified in 42 USC 290dd-2, as amended from time to 577  Substitute Bill No. 3 
 
 
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time; (10) information used for public health activities and purposes as 578 
authorized by HIPAA, community health activities and population 579 
health activities; (11) the collection, maintenance, disclosure, sale, 580 
communication or use of any personal information bearing on a 581 
consumer's credit worthiness, credit standing, credit capacity, character, 582 
general reputation, personal characteristics or mode of living by a 583 
consumer reporting agency, furnisher or user that provides information 584 
for use in a consumer report, and by a user of a consumer report, but 585 
only to the extent that such activity is regulated by and authorized 586 
under the Fair Credit Reporting Act, 15 USC 1681 et seq., as amended 587 
from time to time; (12) personal data collected, processed, sold or 588 
disclosed in compliance with the Driver's Privacy Protection Act of 1994, 589 
18 USC 2721 et seq., as amended from time to time; (13) personal data 590 
regulated by the Family Educational Rights and Privacy Act, 20 USC 591 
1232g et seq., as amended from time to time; (14) personal data collected, 592 
processed, sold or disclosed in compliance with the Farm Credit Act, 12 593 
USC 2001 et seq., as amended from time to time; (15) data processed or 594 
maintained (A) in the course of an individual applying to, employed by 595 
or acting as an agent or independent contractor of a controller, processor 596 
or third party, to the extent that the data is collected and used within the 597 
context of that role, (B) as the emergency contact information of an 598 
individual under sections 1, 3 to 6, inclusive, and 8 of this act used for 599 
emergency contact purposes, or (C) that is necessary to retain to 600 
administer benefits for another individual relating to the individual 601 
who is the subject of the information under subdivision (1) of this 602 
subsection and used for the purposes of administering such benefits; 603 
and (16) personal data collected, processed, sold or disclosed in relation 604 
to price, route or service, as such terms are used in the Airline 605 
Deregulation Act, 49 USC 40101 et seq., as amended from time to time, 606 
by an air carrier subject to said act, to the extent sections 1, 3 to 6, 607 
inclusive, and 8 of this act are preempted by 49 USC 41713, as amended 608 
from time to time. 609 
(c) No provision of this section or section 1, 3 to 6, inclusive, or 8 of 610 
this act shall be construed to restrict a controller's or processor's ability 611  Substitute Bill No. 3 
 
 
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to: (1) Comply with federal, state or municipal ordinances or 612 
regulations; (2) comply with a civil, criminal or regulatory inquiry, 613 
investigation, subpoena or summons by federal, state, municipal or 614 
other governmental authorities; (3) cooperate with law enforcement 615 
agencies concerning conduct or activity that the controller or processor 616 
reasonably and in good faith believes may violate federal, state or 617 
municipal ordinances or regulations; (4) investigate, establish, exercise, 618 
prepare for or defend legal claims; (5) take immediate steps to protect 619 
an interest that is essential for the life or physical safety of the minor or 620 
another individual, and where the processing cannot be manifestly 621 
based on another legal basis; (6) prevent, detect, protect against or 622 
respond to security incidents, identity theft, fraud, harassment, 623 
malicious or deceptive activities or any illegal activity, preserve the 624 
integrity or security of systems or investigate, report or prosecute those 625 
responsible for any such action; (7) engage in public or peer-reviewed 626 
scientific or statistical research in the public interest that adheres to all 627 
other applicable ethics and privacy laws and is approved, monitored 628 
and governed by an institutional review board that determines, or 629 
similar independent oversight entities that determine, (A) whether the 630 
deletion of the information is likely to provide substantial benefits that 631 
do not exclusively accrue to the controller or processor, (B) the expected 632 
benefits of the research outweigh the privacy risks, and (C) whether the 633 
controller or processor has implemented reasonable safeguards to 634 
mitigate privacy risks associated with research, including, but not 635 
limited to, any risks associated with re-identification; (8) assist another 636 
controller, processor or third party with any obligation under section 1, 637 
3 to 6, inclusive, or 8 of this act; or (9) process personal data for reasons 638 
of public interest in the area of public health, community health or 639 
population health, but solely to the extent that such processing is (A) 640 
subject to suitable and specific measures to safeguard the rights of the 641 
minor whose personal data is being processed, and (B) under the 642 
responsibility of a professional subject to confidentiality obligations 643 
under federal, state or local law. 644 
(d) No obligation imposed on a controller or processor under any 645  Substitute Bill No. 3 
 
 
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provision of section 1, 3 to 6, inclusive, or 8 of this act shall be construed 646 
to restrict a controller's or processor's ability to collect, use or retain data 647 
for internal use to: (1) Conduct internal research to develop, improve or 648 
repair products, services or technology; (2) effectuate a product recall; 649 
(3) identify and repair technical errors that impair existing or intended 650 
functionality; or (4) perform internal operations that are (A) reasonably 651 
aligned with the expectations of a minor or reasonably anticipated based 652 
on the minor's existing relationship with the controller or processor, or 653 
(B) otherwise compatible with processing data in furtherance of the 654 
provision of a product or service specifically requested by a minor. 655 
(e) No controller or processor shall be required to comply with any 656 
provision of section 1, 3 to 6, inclusive, or 8 of this act if compliance with 657 
such provision would violate an evidentiary privilege under the laws of 658 
this state, and no such provision shall be construed to prevent a 659 
controller or processor from providing, as part of a privileged 660 
communication, any personal data concerning a minor to any other 661 
person who is covered by such evidentiary privilege. 662 
(f) No provision of section 1, 3 to 6, inclusive, or 8 of this act shall be 663 
construed to: (1) Impose any obligation on a controller that adversely 664 
affects the rights or freedoms of any person, including, but not limited 665 
to, the rights of any person (A) to freedom of speech or freedom of the 666 
press guaranteed in the First Amendment to the United States 667 
Constitution, or (B) under section 52-146t of the general statutes; or (2) 668 
apply to any individual's processing of personal data in the course of 669 
such individual's purely personal or household activities. 670 
(g) (1) Any personal data processed by a controller pursuant to this 671 
section may be processed to the extent that such processing is: (A) 672 
Reasonably necessary and proportionate to the purposes listed in this 673 
section; and (B) adequate, relevant and limited to what is necessary in 674 
relation to the specific purposes listed in this section.  675 
(2) Any controller that collects, uses or retains data pursuant to 676 
subsection (d) of this section shall, where applicable, take into account 677  Substitute Bill No. 3 
 
 
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the nature and purpose or purposes of such collection, use or retention. 678 
Such data shall be subject to reasonable administrative, technical and 679 
physical measures to protect the confidentiality, integrity and 680 
accessibility of the personal data and to reduce reasonably foreseeable 681 
risks of harm to minors concerning such collection, use or retention of 682 
personal data. 683 
(h) If any controller or processor processes personal data pursuant to 684 
an exemption established in subsections (a) to (g), inclusive, of this 685 
section, such controller or processor bears the burden of demonstrating 686 
that such processing qualifies for such exemption and complies with the 687 
requirements established in subsection (g) of this section. 688 
Sec. 8. (NEW) (Effective July 1, 2025) (a) Any violation of the 689 
provisions of sections 3 to 7, inclusive, of this act shall constitute an 690 
unfair trade practice under subsection (a) of section 42-110b of the 691 
general statutes and shall be enforced solely by the Attorney General. 692 
Nothing in this section or sections 3 to 7, inclusive, of this act shall be 693 
construed to create a private right of action or to provide grounds for an 694 
action under section 42-110g of the general statutes. 695 
(b) (1) During the period beginning July 1, 2025, and ending 696 
December 31, 2027, if the Attorney General, in the Attorney General's 697 
discretion, determines that a controller or processor has violated any 698 
provision of sections 3 to 7, inclusive, of this act but may cure such 699 
alleged violation, the Attorney General shall provide written notice to 700 
such controller or processor, in a form and manner prescribed by the 701 
Attorney General and before the Attorney General commences any 702 
action to enforce such provision, disclosing such alleged violation and 703 
such provision. 704 
(2) (A) Not later than thirty days after a controller or processor 705 
receives a notice under subdivision (1) of this subsection, the controller 706 
or processor may send a notice to the Attorney General, in a form and 707 
manner prescribed by the Attorney General, disclosing that such 708 
controller or processor has: (i) Determined that such controller or 709  Substitute Bill No. 3 
 
 
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processor did not commit the alleged violation of sections 3 to 7, 710 
inclusive, of this act; or (ii) cured such violation and taken measures that 711 
are sufficient to prevent further such violations. 712 
(B) If the Attorney General receives a notice described in 713 
subparagraph (A) of this subdivision and determines, in the Attorney 714 
General's discretion, that the controller or processor that sent such 715 
notice did not commit the alleged violation or has cured such violation 716 
and taken the measures described in subparagraph (A)(ii) of this 717 
subdivision, such controller or processor shall not be liable for any civil 718 
penalty under subsection (a) of this section. 719 
(C) Not later than February 1, 2027, the Attorney General shall submit 720 
a report, in accordance with section 11-4a of the general statutes, to the 721 
joint standing committee of the General Assembly having cognizance of 722 
matters relating to general law. Such report shall disclose: (i) The 723 
number of notices the Attorney General has issued pursuant to 724 
subdivision (1) of this subsection; (ii) the nature of each violation that 725 
was the subject of a notice issued by the Attorney General pursuant to 726 
subdivision (1) of this subsection; (iii) the number of violations that were 727 
cured pursuant to subparagraphs (A) and (B) of this subdivision; and 728 
(iv) any other matter the Attorney General deems relevant for the 729 
purposes of such report. 730 
(c) Beginning on January 1, 2027, the Attorney General may, in the 731 
Attorney General's discretion, provide to a controller or processor an 732 
opportunity to cure any alleged violation of the provisions of sections 3 733 
to 7, inclusive, of this act in the manner described in subdivisions (1) and 734 
(2) of section (b) of this section. In determining whether to grant the 735 
controller or processor an opportunity to cure such alleged violation, the 736 
Attorney General may consider: (1) The number of such violations that 737 
such controller or processor is alleged to have committed; (2) the size 738 
and complexity of such controller or processor; (3) the nature and extent 739 
of such controller's or processor's processing activities; (4) whether there 740 
exists a substantial likelihood that such alleged violation has caused or 741 
will cause public injury; (5) the safety of persons or property; and (6) 742  Substitute Bill No. 3 
 
 
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whether such alleged violation was likely caused by a human or 743 
technical error. 744 
Sec. 9. Section 54-33c of the general statutes is repealed and the 745 
following is substituted in lieu thereof (Effective October 1, 2023): 746 
(a) The applicant for a search warrant shall file the application for the 747 
warrant and all affidavits upon which the warrant is based with the 748 
clerk of the court for the geographical area within which any person 749 
who may be arrested in connection with or subsequent to the execution 750 
of the search warrant would be presented with the return of the warrant. 751 
Upon the arrest of any person in connection with or subsequent to the 752 
execution of the search warrant, the law enforcement agency that 753 
arrested the person shall notify the clerk of such court of the return of 754 
the warrant by completing a form prescribed by the Chief Court 755 
Administrator and filing such form with the clerk together with any 756 
applicable uniform arrest report or misdemeanor summons. 757 
(b) Except for a warrant for the installation and use of a tracking 758 
device: (1) The warrant shall be executed within ten days and returned 759 
with reasonable promptness consistent with due process of law and 760 
shall be accompanied by a written inventory of all property seized; (2) a 761 
copy of such warrant shall be given to the owner or occupant of the 762 
dwelling, structure, motor vehicle or place designated in the warrant, or 763 
the person named in the warrant; and (3) within forty-eight hours of 764 
such search, a copy of the application for the warrant and a copy of all 765 
affidavits upon which the warrant is based shall be given to such owner, 766 
occupant or person. The judge or judge trial referee may, by order, 767 
dispense with the requirement of giving a copy of the affidavits to such 768 
owner, occupant or person at such time if the applicant for the warrant 769 
files a detailed affidavit with the judge or judge trial referee which 770 
demonstrates to the judge or judge trial referee that (A) the personal 771 
safety of a confidential informant would be jeopardized by the giving of 772 
a copy of the affidavits at such time, or (B) the search is part of a 773 
continuing investigation which would be adversely affected by the 774 
giving of a copy of the affidavits at such time, or (C) the giving of a copy 775  Substitute Bill No. 3 
 
 
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of the affidavits at such time would require disclosure of information or 776 
material prohibited from being disclosed by chapter 959a. If a warrant 777 
is directed to a provider of an electronic communication service or a 778 
remote computing service, as such terms are defined in subsection (a) of 779 
section 54-47aa, for records of a subscriber or customer of such provider, 780 
the court shall order that the provider not disclose the existence of such 781 
warrant to such subscriber or customer or any other person or entity for 782 
a period of up to ninety days if the court determines that there is reason 783 
to believe that notification of the existence of the warrant may result in 784 
(i) endangering the life or physical safety of an individual, (ii) flight from 785 
prosecution, (iii) destruction of or tampering with evidence, (iv) 786 
intimidation of potential witnesses, or (v) otherwise seriously 787 
jeopardizing the investigation. 788 
(c) A warrant for the installation and use of a tracking device shall be 789 
returned with reasonable promptness consistent with due process of 790 
law and after the period authorized for tracking, including any 791 
extension period authorized under subsection (d) of section 54-33a, has 792 
expired. Within ten days after the use of the tracking device has ended, 793 
a copy of the application for the warrant and a copy of all affidavits 794 
upon which the warrant is based shall be given to the person who was 795 
tracked or the owner of the property to, in or on which the tracking 796 
device was installed. The judge or judge trial referee may, by order, 797 
dispense with the requirement of giving a copy of the affidavits to the 798 
person who was tracked or the owner of the property to, in or on which 799 
the tracking device was installed if the applicant for the warrant files a 800 
detailed affidavit with the judge or judge trial referee which 801 
demonstrates to the judge or judge trial referee that (1) the personal 802 
safety of a confidential informant would be jeopardized by the giving of 803 
a copy of the affidavits at such time, or (2) the search is part of a 804 
continuing investigation which would be adversely affected by the 805 
giving of a copy of the affidavits at such time, or (3) the giving of a copy 806 
of the affidavits at such time would require disclosure of information or 807 
material prohibited from being disclosed by chapter 959a. 808  Substitute Bill No. 3 
 
 
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(d) If the judge or judge trial referee dispenses with the requirement 809 
of giving a copy of the affidavits at such time pursuant to subsection (b) 810 
or (c) of this section, such order shall not affect the right of such owner, 811 
occupant or person to obtain such copy at any subsequent time. No such 812 
order shall limit the disclosure of such affidavits to the attorney for a 813 
person arrested in connection with or subsequent to the execution of a 814 
search warrant unless, upon motion of the prosecuting authority within 815 
two weeks of such person's arraignment, the court finds that the state's 816 
interest in continuing nondisclosure substantially outweighs the 817 
defendant's right to disclosure.  818 
(e) Any order entered pursuant to subsection (b) or (c) of this section 819 
dispensing with the requirement of giving a copy of the affidavits to 820 
such owner, occupant or person shall be for a specific period of time, not 821 
to exceed (1) two weeks beyond the date the warrant is executed, or (2) 822 
with respect to a warrant for the installation and use of a tracking device, 823 
two weeks after any extension period authorized under subsection (d) 824 
of section 54-33a has expired. Within the applicable time period set forth 825 
in subdivision (1) or (2) of this subsection, the prosecuting authority 826 
may seek an extension of such period of time. Upon the execution and 827 
return of the warrant, affidavits which have been the subject of such an 828 
order shall remain in the custody of the clerk's office in a secure location 829 
apart from the remainder of the court file. 830 
Sec. 10. Section 21a-435 of the general statutes is repealed and the 831 
following is substituted in lieu thereof (Effective October 1, 2023): 832 
As used in this section, [and] sections 21a-436 to 21a-439, inclusive, 833 
and section 11 of this act: 834 
(1) "Connecticut user" means a user who provides a Connecticut 835 
home address or zip code when registering with an online dating 836 
operator or a user who is known or determined by an online dating 837 
operator or its online dating platform to be in Connecticut at the time of 838 
registration; 839  Substitute Bill No. 3 
 
 
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(2) "Criminal background screening" means a name search for an 840 
individual's history of criminal convictions that is conducted by 841 
searching an (A) available and regularly updated government public 842 
record database that in the aggregate provides national coverage for 843 
searching an individual's history of criminal convictions; or (B) a 844 
regularly updated database maintained by a private vendor that 845 
provides national coverage for searching an individual's history of 846 
criminal convictions and sexual offender registries; 847 
(3) "Criminal conviction" means a conviction for a crime in this state, 848 
another state, or under federal law; 849 
(4) "Online dating" means the act of using a digital service to initiate 850 
relationships with other individuals for the purpose of romance, sex or 851 
marriage; 852 
(5) "Online dating operator" means a person who operates a software 853 
application designed to facilitate online dating; 854 
(6) "Online dating platform" means a digital service designed to allow 855 
users to interact through the Internet to participate in online dating; and 856 
(7) "User" means an individual who uses the online dating services of 857 
an online dating operator. 858 
Sec. 11. (NEW) (Effective October 1, 2023) An online dating operator 859 
shall owe a duty of care to any user of its online dating platform to 860 
protect against potential criminal activity of other users, including a 861 
duty to notify users if the online dating operator has had a 862 
communication with another user determined by the online dating 863 
operator to have a higher propensity to commit a crime against 864 
individuals. 865 
Sec. 12. Section 29-7b of the general statutes is repealed and the 866 
following is substituted in lieu thereof (Effective July 1, 2023): 867 
(a) There shall be within the Department of Emergency Services and 868  Substitute Bill No. 3 
 
 
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Public Protection a Division of Scientific Services. The Commissioner of 869 
Emergency Services and Public Protection shall serve as administrative 870 
head of such division, and may delegate jurisdiction over the affairs of 871 
such division to a deputy commissioner. 872 
(b) The Division of Scientific Services shall provide technical 873 
assistance to law enforcement agencies in the various areas of scientific 874 
investigation. The division shall maintain facilities and services for the 875 
examination and analysis of evidentiary materials in areas including, 876 
but not limited to, chemistry, arson, firearms, questioned documents, 877 
microscopy, serology, toxicology, trace evidence, latent fingerprints, 878 
impressions and other similar technology. The facilities, services and 879 
personnel of the division shall be available, without charge, to the Office 880 
of the Chief Medical Examiner and all duly constituted prosecuting, 881 
police and investigating agencies of the state. 882 
(c) The Division of Scientific Services: (1) May investigate any 883 
physical evidence or evidentiary material related to a crime upon the 884 
request of any federal, state or local agency, (2) may conduct or assist in 885 
the scientific field investigation at the scene of a crime and provide other 886 
technical assistance and training in the various fields of scientific 887 
criminal investigation upon request, (3) shall assure the safe custody of 888 
evidence during examination, (4) shall forward a written report of the 889 
results of an examination of evidence to the agency submitting such 890 
evidence, (5) shall render expert court testimony when requested, and 891 
(6) shall conduct ongoing research in the areas of the forensic sciences. 892 
The Commissioner of Emergency Services and Public Protection or a 893 
director designated by the commissioner shall be in charge of the 894 
Division of Scientific Services operations and shall establish and 895 
maintain a system of case priorities and a procedure for submission of 896 
evidence and evidentiary security. The director of the Division of 897 
Scientific Services shall be in the unclassified service and shall serve at 898 
the pleasure of the commissioner. 899 
(d) In accordance with the provisions of sections 4-38d, 4-38e and 4-900 
39, all powers and duties of the Department of Public Health under the 901  Substitute Bill No. 3 
 
 
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provisions of sections 14-227a, 14-227c, 15-140u and 21a-283 shall be 902 
transferred to the Division of Scientific Services within the Department 903 
of Emergency Services and Public Protection. 904 
(e) There is established within the Division of Scientific Services the 905 
Connecticut Internet Crimes Against Children Task Force, which shall 906 
consist of affiliate law enforcement agencies in the state. The task force 907 
shall use state and federal moneys appropriated to it in a manner that is 908 
consistent with the duties prescribed in 34 USC 21114. 909 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2025 New section 
Sec. 2 July 1, 2024 New section 
Sec. 3 July 1, 2025 New section 
Sec. 4 July 1, 2025 New section 
Sec. 5 July 1, 2025 New section 
Sec. 6 July 1, 2025 New section 
Sec. 7 July 1, 2025 New section 
Sec. 8 July 1, 2025 New section 
Sec. 9 October 1, 2023 54-33c 
Sec. 10 October 1, 2023 21a-435 
Sec. 11 October 1, 2023 New section 
Sec. 12 July 1, 2023 29-7b 
 
Statement of Legislative Commissioners:   
In Section 1, Subsec. (a) was redrafted to remove the definition of the 
unused term "dark patterns" and, in Subsec. (a), Subdivs. (9) to (27), 
inclusive, were redesignated Subdivs. (8) to (26), inclusive, and Subdivs. 
(7)(A), (13), (21)(B)(ii) and (22) were redrafted for internal consistency, 
in Subsec. (b)(3)(B)(ii)(II), "of" was deleted for internal consistency, and 
in Subsec. (c)(2), "consumer health data" was changed to "consumer's 
consumer health data" for accuracy; and in Section 9(b)(3)(C), "electronic 
communications service as defined in subdivision (4) of subsection (a) 
of section 54-47aa, or a remote computing service in subdivision (8) of 
subsection (a) of section 54-47aa," was changed to "electronic 
communication service or a remote computing service, as such terms are 
defined in subsection (a) of section 54-47aa," for accuracy and 
conciseness.  Substitute Bill No. 3 
 
 
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JUD Joint Favorable Subst.