2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 74 - PROTECTION OF PERSONAL IDENTIFYING INFORMATION (§§ 24-74-101 — 24-74-108) › Section 24-74-106 - Record keeping and reporting - requests for records or information - definition

(1)
For purposes of this section, "request" includes any time a third party, other than a person in interest as defined in section
24-72-202 (4)
, communicates, whether through written or electronic form, with a state agency or state agency employee for the purpose of obtaining records or information that includes personal identifying information. "Request" does not include:
(a)
A request made under the "Colorado Open Records Act", part 2 of article
72
of this title 24, or the "Colorado Criminal Justice Records Act", parts 2 and 3 of article
72
of this title 24; except that, for purposes of this section, "request" does include a request made under the "Colorado Open Records Act," part 2 of article
72
of this title 24, whether made by telephone or through written or electronic form, if the requester indicates or a state agency employee determines the request is made for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws and
8 U.S.C. sec. 1325
or
1326
;
(b)
An inquiry made through a database or automated network; except that, beginning March 1, 2022, "request" includes a request through Colorado DRIVES, as defined in section
42-1-102
(16.5);
(c)
A request governed by a data-sharing agreement, as long as the agreement ensures that the parties otherwise comply with the provisions of this article 74;
(d)
A request related to the conduct of federal, state, and local elections;
(e)
A request made to the department of public safety; or
(f)
A request for personal identifying information that is protected by the "Family Educational Rights and Privacy Act of 1974", as amended,
20 U.S.C. sec. 1232g
, or the "Health Insurance Portability and Accountability Act of 1996", as amended, Pub.L. 104-191.
(g)
A request from a government entity for purposes of determining a person's eligibility for a government funded program for housing or economic development.
(2)
Except as provided in subsection (3) of this section, beginning January 1, 2022, if a third party makes a request for a record from a state agency and the record contains personal identifying information, the state agency shall retain a written record containing the following information:
(a)
The request;
(b)
The date of the request;
(c)
Whether the request was granted or denied;
(d)
The name and title of the state agency employee who granted or denied the request;
(e)
A description of the articulated purpose of the request;
(f)
The identity of the requestor, including the federal office or agency or other entity that requested information, the name of the individual requestor, and, if the requestor is a law enforcement officer, the individual's badge number; and
(g)
A summary of why the request was granted or denied.
(3)
For a request through Colorado DRIVES, if the department of revenue cannot comply with the reporting requirements of this section for requests from a third party because it would require technological or programming changes outside the control of the department of revenue, the department of revenue shall:
(a)
Continue to allow access to Colorado DRIVES if access for that third party is required to comply with state or federal law or is a condition of receiving federal or state funding;
(b)
At least once quarterly, submit a report including the identity of the third party and the reason for the inability to report; and
(c)
At least once quarterly, attest that the department of revenue and the third party are in compliance with the requirements of section
24-74-105
.
(4)
Beginning January 1, 2022, and on a quarterly basis thereafter, each state agency shall:
(a)
Submit to the governor's office of legal counsel the information specified in subsection (2) of this section; and
(b)
Attest that no request was granted for any purpose prohibited by this article 74.
(5)
Beginning March 1, 2022, and on a quarterly basis thereafter, the governor's office shall provide a report to the joint budget committee containing quarterly and year-to-date summaries of the information in subsection (2) of this section. The report shall include, at a minimum, quarterly and year-to-date summaries of the total number of requests, responses to requests, categories of reasons for requests, and categories of the third parties requesting information.
Added by 2021 Ch. 353, § 1, eff. 6/25/2021.