summary
Introduced
01/14/2026
01/14/2026
In Committee
01/14/2026
01/14/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
The bill prohibits law enforcement and other government entities from purchasing, or otherwise obtaining for anything of value, certain personal data from third parties. Law enforcement agencies and other government entities are also prohibited from sharing individuals' personal data between themselves. Exceptions are created for obtaining personal data, including after obtaining a judicial warrant, subpoena, or court order, when an individual consents to sharing their data and, in the case of an emergency, involving a threat to a person's life or physical safety. The bill creates a private cause of action for an individual who has their personal data obtained or shared in violation of the prohibitions in the bill. Personal data obtained or shared is excluded from trial and other court proceedings, subject to certain exceptions.
AI Summary
This bill, titled the "Fourth Amendment is Not for Sale Act," aims to prevent law enforcement and other government entities in Colorado from purchasing or obtaining personal data from third parties for any value, and also prohibits them from sharing such data with each other. "Personal data" is broadly defined to include information collected from or generated by a specific person through consumer transactions or product/service use, such as browsing history, location data, financial information, and even inferences about an individual. A "third party" is defined as any entity that is not a government entity or the individual themselves. The bill establishes exceptions to these prohibitions, allowing government entities to obtain personal data with a judicial warrant, subpoena, or court order, in cases of emergency posing a threat to life or safety, or when the individual consents to the sharing of their data. It also allows for the acquisition of data that is lawfully available to the public or voluntarily made public by the individual. Furthermore, the bill creates a right for individuals to sue if their personal data is obtained or shared in violation of these rules, and data obtained illegally will generally be excluded as evidence in court proceedings, with some exceptions for procedural fairness.
Committee Categories
Justice
Sponsors (3)
Last Action
House Committee on Judiciary Witness Testimony and/or Committee Discussion Only (on 02/25/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://leg.colorado.gov/bills/HB26-1037 |
| Fiscal Note FN1 | https://leg.colorado.gov/bill_files/112514/download |
| BillText | https://s3.us-west-2.amazonaws.com/beta.leg.colorado.gov/9caae3e5db505ba49f91358a7d62e423 |
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