LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003-R02- SB.docx 1 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 2 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 3 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 4 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 5 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 6 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 7 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 8 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 9 of 31 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 10 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 11 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 12 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 13 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 14 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 15 of 31 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 16 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 17 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 18 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 19 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 20 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 21 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 22 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 23 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 24 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 25 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 26 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 27 of 31 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 28 of 31 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 29 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 30 of 31 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00003- R02-SB.docx } 31 of 31 JUD Joint Favorable Subst.