OFFICE OF FISCAL ANALYSIS
Legislative Office Building, Room 5200
Hartford, CT 06106 (860) 240-0200
http://www.cga.ct.gov/ofa
sSB-3
AN ACT CONCERNING ONLINE PRIVACY, DATA AND SAFETY
PROTECTIONS.
Primary Analyst: MR 4/17/23
Contributing Analyst(s): ME, BP, RP
Reviewer: MP
OFA Fiscal Note
State Impact:
Agency Affected Fund-Effect FY 24 $ FY 25 $
Attorney General GF - Potential
Revenue Gain
See Below See Below
Note: GF=General Fund
Municipal Impact: None
Explanation
The bill may result in a revenue gain to the Office of the Attorney
General (OAG) beginning in FY 24, as any violations of Sections 1, 2, and
4 – 6 are considered violations of the Connecticut Unfair Trade Practices
Act (CUTPA), and enforced solely by OAG.
Any revenue gain would depend on the number and type of
violations enforced by OAG. CUTPA allows OAG to seek various forms
of relief to address violations, including penalties of up to $5,000 per
willful violation. The agency could seek these penalties through an
enforcement action, or if a company cooperates, through a settlement
resolving the state’s claims. For FY 20 – FY 22, annual revenue collected
from CUTPA ranged from a low of $1,639,854 to $4,523,004.
Sections 1 - 2 prohibit anyone from selling consumer health data
without obtaining the consumer’s written consent. These sections also
create a ban on anyone using a geofence to identify, track, collect data 2023SB-00003-R000604-FN.docx Page 2 of 2
from or send notifications to a consumer entering a health care facility.
1
Sections 3 – 8 establish a framework and set requirements regarding
how those who offer online services and products manage, process, and
obtain consent to use the personal data of minors.
Section 8 specifically allows the OAG, from July 1, 2025, to December
31, 2027, before initiating any enforcement action, to issue a written
notice of violation to give the party an opportunity to cure the violation.
Section 12 creates the Connecticut Internet Crimes Against Children
Task Force. Any costs to the state in FY 24 and FY 25 would depend on
the level of any state and federal appropriations.
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to the number and extent of any
violations enforced by OAG.
1
A “geofence” is any technology that uses global positioning coordinates, cell tower
connectivity, cellular data, radio frequency identification, wireless fidelity technology
data, or any other form of location detection.