Conn. Gen. Stat. § 42-522: *(See end of section for amended version and effective date.) Controllers' data protection assessments. Disclosure to Attorney General.

(a) A controller shall conduct and document a data protection assessment for each of the controller's processing activities that presents a heightened risk of harm to a consumer. For the purposes of this section, processing that presents a heightened risk of harm to a consumer includes: (1) The processing of personal data for the purposes of targeted advertising; (2) the sale of personal data; (3) the processing of personal data for the purposes of profiling, where such profiling presents a reasonably foreseeable risk of (A) unfair or deceptive treatment of, or unlawful disparate impact on, consumers, (B) financial, physical or reputational injury to consumers, (C) a physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers, where such intrusion would be offensive to a reasonable person, or (D) other substantial injury to consumers; and (4) the processing of sensitive data.

(b) Data protection assessments conducted pursuant to subsection (a) of this section shall identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks. The controller shall factor into any such data protection assessment the use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed.

(c) The Attorney General may require that a controller disclose any data protection assessment that is relevant to an investigation conducted by the Attorney General, and the controller shall make the data protection assessment available to the Attorney General. The Attorney General may evaluate the data protection assessment for compliance with the responsibilities set forth in sections 42-515 to 42-525, inclusive. Data protection assessments shall be confidential and shall be exempt from disclosure under the Freedom of Information Act, as defined in section 1-200. To the extent any information contained in a data protection assessment disclosed to the Attorney General includes information subject to attorney-client privilege or work product protection, such disclosure shall not constitute a waiver of such privilege or protection.

(d) A single data protection assessment may address a comparable set of processing operations that include similar activities.

(e) If a controller conducts a data protection assessment for the purpose of complying with another applicable law or regulation, the data protection assessment shall be deemed to satisfy the requirements established in this section if such data protection assessment is reasonably similar in scope and effect to the data protection assessment that would otherwise be conducted pursuant to this section.

(f) Data protection assessment requirements shall apply to processing activities created or generated after July 1, 2023, and are not retroactive.

*Note: On and after July 1, 2026, this section, as amended by section 11 of public act 25-113, is to read as follows:

“Sec. 42-522. Controllers' data protection and impact assessments. Disclosure to Attorney General. (a) For the purposes of this section, processing that presents a heightened risk of harm to a consumer includes: (1) The processing of personal data for the purposes of targeted advertising; (2) the sale of personal data; (3) the processing of personal data for the purposes of profiling, where such profiling presents a reasonably foreseeable risk of (A) unfair or deceptive treatment of, or unlawful disparate impact on, consumers, (B) financial, physical or reputational injury to consumers, (C) a physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers, where such intrusion would be offensive to a reasonable person, or (D) other substantial injury to consumers; and (4) the processing of sensitive data.

(b) (1) A controller shall conduct and document a data protection assessment for each of the controller's processing activities that presents a heightened risk of harm to a consumer.

(2) Each data protection assessment conducted pursuant to subdivision (1) of this subsection shall identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks. The controller shall factor into each such data protection assessment the use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed.

(c) Each controller that engages in any profiling for the purposes of making a decision that produces any legal or similarly significant effect concerning a consumer shall conduct an impact assessment for such profiling. Such impact assessment shall include, to the extent reasonably known by or available to the controller, as applicable: (1) A statement by the controller disclosing the purpose, intended use cases and deployment context of, and benefits afforded by, such profiling; (2) an analysis of whether such profiling poses any known or reasonably foreseeable heightened risk of harm to a consumer, and, if so, (A) the nature of such heightened risk of harm to a consumer, and (B) the steps that have been taken to mitigate such heightened risk of harm to a consumer; (3) a description of (A) the main categories of personal data processed as inputs for the purposes of such profiling, and (B) the outputs such profiling produces; (4) an overview of the main categories of personal data the controller used to customize such profiling, if the controller used data to customize such profiling; (5) any metrics used to evaluate the performance and known limitations of such profiling; (6) a description of any transparency measures taken concerning such profiling, including, but not limited to, any measures taken to disclose to consumers that such controller is engaged in such profiling while such controller is engaged in such profiling; and (7) a description of the post-deployment monitoring and user safeguards provided concerning such profiling, including, but not limited to, the oversight, use and learning processes established by the controller to address issues arising from such profiling.

(d) The Attorney General may require that a controller disclose any data protection assessment or impact assessment that is relevant to an investigation conducted by the Attorney General, and the controller shall make the data protection assessment or impact assessment available to the Attorney General. The Attorney General may evaluate the data protection assessment or impact assessment for compliance with the responsibilities set forth in sections 42-515 to 42-525, inclusive. Data protection assessments and impact assessments shall be confidential and shall be exempt from disclosure under the Freedom of Information Act, as defined in section 1-200. To the extent any information contained in a data protection assessment or impact assessment disclosed to the Attorney General includes information subject to attorney-client privilege or work product protection, such disclosure shall not constitute a waiver of such privilege or protection.

(e) A single data protection assessment or impact assessment may address a comparable set of processing operations that include similar activities.

(f) If a controller conducts a data protection assessment or impact assessment for the purpose of complying with another applicable law or regulation, the data protection assessment or impact assessment shall be deemed to satisfy the requirements established in this section if such data protection assessment or impact assessment is reasonably similar in scope and effect to the data protection assessment or impact assessment that would otherwise be conducted pursuant to this section.

(g) (1) Data protection assessment requirements shall apply to processing activities created or generated after July 1, 2023, and are not retroactive.

(2) Impact assessment requirements shall apply to processing activities created or generated on or after August 1, 2026, and are not retroactive.”