Senate Approves Bill to Increase Data Privacy

DENVER, CO – The Senate today passed legislation sponsored by Senators Janice Marchman, D-Loveland, and Adrienne Benavidez, D-Commerce City, to increase data privacy and protect vulnerable workers’ critical identification documents from being confiscated and shared with federal law enforcement agencies.

“Government-issued ID documents are absolutely essential for accessing everything Coloradans need to thrive, from food assistance to housing to employment,” Marchman said. “This legislation would ensure our state statute prioritizes Coloradans’ data privacy and protects individuals from having their documents unlawfully withheld or shared with federal agencies.” 

“Working Coloradans, including those in our immigrant communities, should be able to do their jobs without fear of having their livelihood unfairly compromised by their employers,” Benavidez said. “This bill would give those workers peace of mind knowing their critical identification documents are protected.”

HB26-1283 would prevent employers from seizing, demanding, confiscating, retaining or otherwise requiring an employee to surrender their government-issued identification card (ID) for more than a short period of time (up to ten hours), except for lawful purposes like employment verification or when otherwise required by federal law. To enforce these provisions, the bill creates criminal penalties for unlawful confiscation and allows workers to pursue civil action and have their IDs returned if their documents were unlawfully seized. Under the bill, employers must advise their employees of these protections.

This bill also strengthens protections for employees if their employer unlawfully turns over their ID to federal immigration enforcement authorities or threatens to do so. If an employer holds an employee’s ID or personal document with the intent of harassing or intimidating the employee, they could be charged with a bias-motivated crime. HB26-1238 helps protect immigrant communities, especially workers employed in the service industry, hospitality, agriculture and construction industries.

In recent years, Colorado Democrats have passed legislation to strengthen existing protections guaranteed to all Coloradans, including SB25-276, which prohibits public employees from sharing personally-identifying information related to immigration status with federal immigration enforcement, and SB25-008, which streamlines access to necessary legal IDs.

HB26-1283 now moves back to the House for consideration of amendments. Track its progress here.