The Colorado Privacy Act (CPA) has a set of rules for the Privacy Portal that goes beyond the statute. The Attorney General promulgated the Colorado Privacy Act Rules (4 CCR 904-3), which specify exactly how each aspect of the DSAR process must work, including the minimum content of each request record, the record-keeping deadline, and how to handle authorized agents.

This page covers one piece of the picture. For the full scope of the CPA — who must comply, the thresholds, the consumer rights and the penalties — start with our complete guide to the CPA and cookies.

This article covers all of it: what a DSAR is under the CPA, the five guaranteed rights, the law's specific deadlines, the Universal Opt-Out Mechanism, and what the regulations require from the process.

DSAR stands for Data Subject Access Request, or Data Rights request in the language of the CPA. It is any formal request from a Colorado consumer to exercise the rights the law grants over their own data.

Under C.R.S. § 6-1-1306(1), the consumer may submit a request at any time using the methods specified by the controller in the privacy notice.

If you are already familiar with the GDPR data subject rights framework, the structure is familiar. The CPA adds the Universal Opt-Out Mechanism as an alternative channel for exercising opt-out of targeted advertising and data sale.

Under C.R.S. § 6-1-1306(1), Colorado residents have five rights:

The consumer may refuse the processing of their personal data for three purposes (C.R.S. § 6-1-1306(1)(a)):

Targeted advertising.

Sale of personal data.

Profiling in furtherance of decisions with legal or similarly significant effects (access to financial or lending services, housing, insurance, education, criminal justice, employment, healthcare, or essential goods).

The consumer may also exercise the opt-out through an authorized agent, including via UOM (such as the GPC), when the controller can authenticate the consumer's identity and the agent's authority with commercially reasonable effort (C.R.S. § 6-1-1306(1)(a)(II)).

The regulations (4 CCR 904-3, Rule 4.03(A)(1)(b)) detail: if the opt-out is submitted online and the controller cannot identify the consumer to cease processing of connected offline data, it may request additional information. And if a consumer submitted multiple DSARs, the opt-out must be processed first.

The consumer may confirm whether the controller processes their data and access the personal data (C.R.S. § 6-1-1306(1)(b)).

The regulations (4 CCR 904-3, Rule 4.04(A)(1)) clarify that "specific pieces of personal data" include final profiling decisions, inferences, derivative data, marketing profiles, and any other personal data created by the controller linked to the consumer.

The response must be provided in a common, accessible electronic format, in the language the consumer uses to interact with the controller, without incomprehensible internal codes.

The controller does not need to disclose in response to an access request: government-issued identification numbers, financial account numbers, biometric data or biometric identifiers. But must inform the consumer that it holds these types of data (e.g., "We collect unique biometric data including fingerprint scan" without revealing the actual scan).

The consumer may request correction of inaccuracies in personal data, taking into account the nature and purposes of processing (C.R.S. § 6-1-1306(1)(c)).

The regulations (4 CCR 904-3, Rule 4.05) detail:

The controller corrects in active systems but may delay for archive or backup systems until they are restored or accessed.

If the correction can be made by the consumer through account settings, the controller may provide instructions, provided the process is not unduly burdensome.

The controller may request documentation to verify data accuracy.

If the controller did not receive the data directly from the consumer and has no supporting documentation, the consumer's assertion of inaccuracy is sufficient to establish that the data is inaccurate.

The consumer may request deletion of personal data (C.R.S. § 6-1-1306(1)(d)).

The regulations (4 CCR 904-3, Rule 4.06) detail:

The controller permanently and completely erases from active systems, or de-identifies so it cannot reasonably be linked to the individual.

Also instructs processors to delete.

May delay for archive or backup systems until they are restored.

For data obtained from third parties (not directly from the consumer), may comply by retaining only the deletion request record and the minimum necessary to ensure the data remains deleted, or opting the consumer out of all processing.

If partial retention is justified by a legal exception, must inform the consumer of which categories were not deleted and which exception applies.

When exercising the right of access, the consumer may obtain data in a portable and, where technically feasible, readily usable format that allows transmission to another entity without hindrance (C.R.S. § 6-1-1306(1)(e)).

Portability may be exercised no more than twice per calendar year. This differs from other US state privacy laws that do not impose this limit on the right to portability.

The controller is not required to provide data in a manner that discloses trade secrets. But must provide as much data as possible in portable format without disclosing the secret.

The CPA's deadlines have a specific structure.

45 days from receipt of the request to respond (C.R.S. § 6-1-1306(2)(a)).

The deadline may be extended by another 45 days when reasonably necessary, considering complexity and number of requests, as long as the consumer is notified within the initial period with the reason.

For appeals: 45 days to respond, extendable by another 60 days in cases of complexity or large number of requests (C.R.S. § 6-1-1306(3)(b)).

The first request is free. For subsequent requests within the same 12-month period, the business may charge a fee calculated under C.R.S. § 24-72-205(5)(a).

The CPA has a very specific appeal process (C.R.S. § 6-1-1306(3)):

The controller must establish an internal appeal process that is conspicuously available and as easy to use as the original request submission process.

The process must be actionable within a reasonable period after the consumer receives the denial notice.

The appeal response must include the decision and the written justification.

If the appeal is denied, the controller must inform the consumer of the ability to contact the Attorney General (C.R.S. § 6-1-1306(3)(c)).

The regulations (4 CCR 904-3, Rule 4.02(B)) detail the requirements:

Online-only businesses with a direct consumer relationship: a single email address is sufficient.

Other businesses: two or more designated methods, and if the business maintains a website, application, or digital presence, one method must be through that digital presence (web form).

Businesses that interact in person: must consider an in-person method (printed form, tablet/computer portal, or telephone for a toll-free call).

The method must:

Consider how consumers normally interact with the controller.

Enable the consumer to submit the request at any time.

Use reasonable data security measures.

Be easy to execute, with a minimal number of steps.

Not require creating a new account (but may require using an existing password-protected account).

The regulations (4 CCR 904-3, Rule 4.08) are specific:

The controller must use a commercially reasonable method to authenticate each request. To determine what is reasonable, consider:

The right being exercised, the type, sensitivity, value, and volume of data involved.

The level of possible harm from improper access.

The cost of authentication to the controller.

The controller should avoid requesting additional personal data if it can authenticate using data it already has.

The controller cannot charge an authentication fee to the consumer (e.g., cannot require notarization without compensating the consumer for the cost).

If unable to authenticate with reasonable effort, the controller is not required to comply. But must inform the consumer that their identity could not be authenticated and how to remedy deficiencies.

The regulations (4 CCR 904-3, Rule 6.11(A)) require records of all DSARs to be maintained for at least 24 months. Each record must include at minimum:

The date of the request.

The type of request.

The date of the controller's response.

The nature of the response.

The basis for denial if the request was denied in whole or in part.

The existence and resolution of any appeal.

Records of DSARs already complied with must also be maintained for 24 months and made available to any new controller in a merger, acquisition, or other transaction where a third party assumes control of personal data.

The UOM (including the GPC) does not replace the Privacy Portal, but covers the opt-out for targeted advertising and data sale.

When the consumer sends a valid UOM signal, the controller must:

Cease processing for the indicated purposes as soon as feasibly possible, without undue delay (4 CCR 904-3, Rule 4.03(A)(1)).

Maintain a record of the opt-out (4 CCR 904-3, Rule 4.03(A)(2)).

Continue treating the browser, device, and consumer as having exercised opt-out until the consumer consents again (4 CCR 904-3, Rule 5.08(A)(2)).

If the consumer wants to opt out of profiling with significant effects, this still requires submission through the Privacy Portal, since the UOM covers only targeted advertising and data sale.

C.R.S. § 6-1-1308(1)(c)(II) prohibits the controller from, based solely on the exercise of a right and unrelated to feasibility or the value of a service, increasing the cost or decreasing the availability of the product or service.

The exception is loyalty programs, rewards, premium features, discounts, or club card programs (C.R.S. § 6-1-1308(1)(d)). The regulations (4 CCR 904-3, Rule 6.05) detail extensively the obligations related to loyalty programs.

The CPA is enforced by the Attorney General and District Attorneys of Colorado (C.R.S. § 6-1-1311). There is no private right of action.

From January 1, 2025, the 60-day cure period was repealed. AG and DAs have discretion to act without a guaranteed prior correction period.

AdOpt logs every consent and opt-out interaction with a timestamp and unique identifier, maintaining documentation for 24 months as required by the regulations.

The GPC and other UOMs are detected and honored automatically. When the consumer exercises opt-out via Portal or via UOM, the system updates the corresponding trackers. The auditable log serves as evidence for the AG or District Attorneys.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

Want to build a Privacy Portal for your site that complies with the Colorado CPA? Talk to our team.

Two or more submission methods for non-online-only businesses, including a digital channel if the business has digital presence (4 CCR 904-3, Rule 4.02(B)(1)(b)).

Email only for online-only businesses with a direct consumer relationship (4 CCR 904-3, Rule 4.02(B)(1)(a)).

Coverage of 5 rights: opt-out, access, correction, deletion, portability.

Portability limited to 2x per calendar year (C.R.S. § 6-1-1306(1)(e)).

Universal Opt-Out Mechanism honored automatically from July 2024 (C.R.S. § 6-1-1306(1)(a)(IV)(B)).

Conspicuously available appeal process as easy as the original submission process.

Deadlines: 45 days for response (+45 ext.); 45 days for appeals (+60 ext.).

Information to consumer on how to contact the AG in case of denied appeal.

Authentication with commercially reasonable effort, no fee charged, no unnecessary data requested.

Records maintained for 24 months with the 6 mandatory fields (4 CCR 904-3, Rule 6.11(A)).

Free first request; second may be charged under C.R.S. § 24-72-205(5)(a).

Consent refresh configured for 24 months of consumer inactivity.

Notification to processors when a deletion or correction is fulfilled.

1. Does the CPA require a dedicated Privacy Portal or is an email address sufficient?
It depends on the type of business. Online-only businesses with a direct consumer relationship only need an email address (4 CCR 904-3, Rule 4.02(B)(1)(a)). Others need two or more methods, and a business with a website must offer a digital option (web form). A dedicated Privacy Portal is the most organized approach, but it is not the name the law requires.

2. How does the twice-per-year limit on portability work?
The right to portability under the CPA may be exercised no more than twice per calendar year (C.R.S. § 6-1-1306(1)(e)). This is a limit exclusive to the CPA among US state privacy laws. The right of access (without portable format) does not have this explicit limit in the statute, although the first request is free and subsequent ones may be charged.

3. What must the controller do when a consumer has not interacted for 24 months?
The regulations (4 CCR 904-3, Rule 7.08) require the controller to refresh consent for processing sensitive data and for secondary purposes involving profiling with significant effects, when the consumer has not interacted in the past 24 months. This means the Privacy Portal and consent management systems need to track the consumer's last interaction and trigger consent refresh flows.

4. What happens after a denied appeal under the CPA?
C.R.S. § 6-1-1306(3)(c) requires the controller to inform the consumer of the ability to contact the Attorney General. This differs from other laws that require specific instructions on how to contact the authority. The CPA is more open: the controller must communicate that this option exists. The consumer can then file a complaint with the AG or the District Attorney of the relevant jurisdiction.

5. Does the CPA have specific obligations about data found during an access request that the controller cannot disclose?
Yes. The regulations (4 CCR 904-3, Rule 4.04(D)) list categories of data the controller does not need to disclose in the access response: government-issued identification numbers, financial account numbers, health insurance or medical identification numbers, passwords, security questions, biometric data, and biometric identifiers. But the controller must inform the consumer that it holds these types of data, with sufficient particularity (e.g., "We collect unique biometric data including a fingerprint scan") without revealing the actual data.

Ready to build a Privacy Portal for your site that complies with the Colorado CPA? Talk to our team.