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Colorado Amends Its Privacy Act to Include Biometric Data

11 Jul



Update Applicable to:Effective date
All covered employers in ColoradoJuly 1, 2025

What happened?

On May 31, 2024, Governor Jared Polis signed the Colorado House Bill 24-1130, “Privacy of Biometric Identifiers & Data” into law, which will make significant changes to the Colorado Privacy Act (CPA).

What are the details?

The legislation modifies the CPA to enhance the safeguarding of biometric information. It requires controllers, those who decide how biometric data is processed, to implement a policy. This policy should establish a timeline for keeping biometric identifiers, detail a plan for handling security incidents, and set rules for the prompt disposal of biometric identifiers. As for employers, the bill limits the acceptable grounds for an employer to seek an employee’s approval for collecting biometric identifiers.

Employers now must comply with specific rules regarding the collection and processing of biometric data within employment settings. You can read more about it here click here.

For additional information, please visit our previous update here: Colorado Amends Its Privacy Act to Include Biometric Data (VensureHR)

For a breakdown of the bill click here.

Business Considerations

  • Employers should adopt a clear policy that outlines the collection, use, storage, and destruction of biometric data and be transparent and easily accessible to employees.
  • Employers should obtain explicit, clear, and informed consent before collecting biometric data from employees, explaining why the data is being collected and how it will be used.
  • Employers should limit data collection, retaining only the minimum necessary data required for their purposes and avoid collecting data that is not directly relevant to their needs.
  • Employers should have a clear protocol in place for responding to security breaches, including steps to notify affected individuals and mitigate the impact of the breach.
  • Employers should set a schedule for the destruction of biometric data once it is no longer needed, ensuring this is done securely and irreversibly.
  • Employers should stay updated with changes in legislation and ensure their practices remain compliant. They should consider seeking legal advice to understand their obligations under the law.

Source References

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Colorado PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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