C.R.S. § 18-9-313.7: Personal information on the internet - elected officials - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) (I) "Elected official" means the governor, the lieutenant governor, the attorney general, the secretary of state, the state treasurer, a member of the general assembly, a school district director, and an elected or appointed official of a local government.

(II) "Elected official" does not include an individual who is a candidate for the office of any elected official.

(III) "Elected official" includes:

(A) An individual who holds an office specified in subsection (1)(a)(I) of this section, whether the individual was elected or appointed by a vacancy committee; and

(B) An individual who has held an office specified in subsection (1)(a)(I) of this section within the last four years.

(b) "Exempt party" means any party to the record, a settlement service, a title insurance company, a title insurance agency, a mortgage servicer or a mortgage servicer's qualified agent, an attorney licensed and in good standing in the state of Colorado to practice law and who is engaged in a real estate matter, and any other individual who provides identifying information and certifies that the information will not be used for the purpose of harassment, intimidation, or commercial purposes, including the sale or resale of information.

(c) "Immediate family" means:

(I) An elected official's spouse, child, or parent; or

(II) Any other person who lives in the same residence as the elected official.

(d) "Mortgage servicer" has the meaning set forth in section 5-21-103 (4).

(e) "Personal information" means a person's home address, home telephone number, personal mobile telephone number, pager number, or personal email address; directions to a person's home; or a photograph or description of a person's home, vehicle, or vehicle license plate.

(f) "Settlement service" means a service listed in section 10-11-102 (6.7)(a) to (6.7)(f).

(g) "Title insurance agency" has the meaning set forth in section 10-11-102 (8.5).

(h) "Title insurance company" has the meaning set forth in section 10-11-102 (10).

(2) (a) It is unlawful for a person to knowingly make available on the internet personal information about an elected official or an elected official's immediate family if the dissemination of personal information poses an imminent and serious threat to the safety of the elected official or the elected official's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat.

(b) A violation of this subsection (2) is a class 1 misdemeanor; except that this subsection (2)(b) does not apply to a person who is a state or local government official who is acting in the course and scope of their duties.

(3) (a) An elected official may submit a written request pursuant to subsection (3)(b) of this section to a state or local government official to redact the elected official's personal information from records that the state or local government official makes available on the internet. If a state or local government official receives the written request, the state or local government official shall not knowingly make available on the internet personal information about the elected official.

(b) An elected official's written request to a state or local government official to redact personal information from records that the state or local government official makes available on the internet must include:

(I) The elected official's full name and home address;

(II) The specific personal information that the elected official is requesting be redacted and the location of the records that include the personal information;

(III) Evidence that the person submitting the request is an elected official; and

(IV) An affirmation stating that the elected official submitting the request has reason to believe that the dissemination of the personal information contained in the records that the state or local government official makes available on the internet poses an imminent and serious threat to the safety of the elected official.

(c) An exempt party may access a record that includes information otherwise subject to redaction pursuant to this subsection (3) and that is maintained by a state or local government official if the person seeking access to the record provides evidence and an affirmation under penalty of perjury that they are an exempt party.

(d) Each state or local government official shall grant an exempt party access to the record based on existing processes or shall adopt a process to grant access if one is not already in place. Each state or local government official may assess administrative costs related to granting access to the exempt party requesting the record.