{"data":{"id":"us-co/c.r.s.-8-12.5-103","jurisdiction":"us-co","citation":"C.R.S. § 8-12.5-103","heading":"Privacy removals - private right of action.","body":"(1) An adult or an emancipated minor who was featured in a content creator's post featuring online content as a minor on or after the effective date of this section may request that the content creator delete the post from the online hosting platform or edit the post to remove the individual's private information if the individual is uniquely identifiable.\n\n(2) (a) An online hosting platform shall provide an easily accessible mechanism through which an individual can submit a request pursuant to subsection (1) of this section for the content creator to delete a post featuring online content from the online hosting platform or edit the post featuring online content to remove the individual's private information if the individual is uniquely identifiable. The mechanism may include tools that enable an individual to submit a request directly to the content creator.\n\n(b) An individual submitting a removal request pursuant to this section must include all information reasonably requested to identify the minor and the post featuring online content, including information to verify that the individual making the removal request is the individual featured in the online content.\n\n(c) An online hosting platform that does not provide a mechanism to enable individuals to submit a request directly to the content creator shall notify the responsible content creator within a reasonable time period after the submittal of a removal request, as set by the online hosting platform, which time period must not exceed thirty days.\n\n(d) A content creator shall delete a post featuring online content from an online hosting platform or edit the post to remove the individual's uniquely identifiable information within seventy-two hours.\n\n(3) (a) If a content creator fails to comply with subsection (2)(d) of this section within thirty days after receiving the removal request, the individual who submitted the removal request may initiate a civil action against the content creator in district court to enforce this section. An online hosting platform is not liable for a violation of subsection (2)(d) of this section if the online hosting platform complies with subsections (2)(a) and (2)(c) of this section. The court may award an individual who prevails in an action brought in accordance with this section the following:\n\n(I) Injunctive relief;\n\n(II) Actual damages;\n\n(III) Punitive damages; and\n\n(IV) The costs of the action, including attorney fees and court costs.\n\n(b) (I) If a content creator fails to comply with subsection (2)(d) of this section within thirty days after receiving the removal request, the online hosting platform shall review and take all reasonable steps consistent with the online hosting platform's policies to remove the online content from the online hosting platform unless:\n\n(A) The individual who was featured in the content creator's post as a minor does not submit sufficient, accurate information in the request to remove the content; or\n\n(B) The online hosting platform finds that the post featuring online content is sufficiently newsworthy or of other public interest to outweigh the privacy interests of the individual who was featured in the online content as a minor. For the purposes of this subsection (3)(b)(II), content published by a news organization is presumed to be newsworthy or of other public interest.\n\n(II) An online hosting platform is not liable for a good faith determination made in response to this subsection (3)(b).\n\n(III) An online hosting platform is not liable for actions taken in response to this subsection (3)(b) based on the online hosting platform's good faith reliance on the information submitted and removal of content identified by the requesting individual, regardless of whether the individual made the request in error or bad faith.\n\n(4) (a) This section does not affect a right or remedy available under any other law of the state.\n\n(b) This section shall not be construed to impose liability in a manner that is inconsistent with the federal \"Communications Decency Act of 1996\", 47 U.S.C. sec. 230.","path":["Title 8 - LABOR AND INDUSTRY","Article 12.5 - Protection for Minors Featured in Digital Content"],"source_url":"https://olls.info/crs/crs2026-title-08.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"e3e81a45335fa8b0cd5f245cfd1af5bd48970f54d1e44aea9d3f0b5a7f844aa5","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-8-12.5-102","next":"us-co/c.r.s.-8-12.5-104"},"notice":"GroundRules: Original legal text. Not legal advice."}