Complete Colorado

Bill barring personal data purchases by government on hold

DENVER–A bi-partisan bill aimed at government surveillance would slap restrictions on law enforcement, and other agencies, on purchasing electronically derived personal data on Coloradans.

House Bill 26-1037, titled “Ban Government Purchase of Personal Data from Third Party”  is one of several pieces of Colorado legislation cracking down on government information gathering, including another bill restricting use of Flock license plate reader information.

HB-1037 proposes a data purchasing ban, making often personal information that private corporations collect on individual consumers less accessible to the government. Under the bill, police must obtain a warrant, subpoena, court order, or individual consent before purchasing such data for a criminal or civil case. If police or another agency obtains the information, they cannot share it with other local, state, or federal authorities.

Personal data is defined as “Information collected from or generated by a specific person as part of a consumer transaction or the use of a consumer product or service,” and includes an individual’s name, billing or house address, social security number, demographic data, financial, health, or biological data, application usage history, geolocation, or personal device web browser/search history.

Rep. Ken DeGraff, a Republican from El Paso County, says this bill is aimed at preventing Colorado from becoming what he terms a surveillance state.

“The reason for dealing with this in 2026 is so that we don’t end up in 1984,” DeGraff told Complete Colorado, referencing the famous George Orwell novel depicting a totalitarian surveillance state. “The issue with 1037 is wrestling with the reality that the state has access to data for which it would normally need a warrant by using funds from the taxpayers on whom they are ultimately surveilling.”

DeGraff told Complete Colorado that while the bill has support from constituents and voters, it has generated opposition from government agencies, including law enforcement.

If passed, HB-1037 would not only make law enforcement go through the courts to obtain information, but it would subject them to legal action if the law is violated, among other things.

Due to the controversy, the bill has been put on hold until Rep. DeGraff and his Democrat co-sponsor, Rep. Jennifer Bacon, can meet with agencies and address their concerns.

“The information is a valuable tool for law enforcement, you can’t get around that, so we’ve put the bill on hold to do some work,” DeGraff said explaining that his aim is to keep the data usable, just less easily accessible.

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