That a consumer directs the controller to disclose or intentionally discloses by using the controller to interact with a third party; or, Intentionally made available by a consumer to the general public via a channel of mass media., profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.. Right of access. Jared Polis, D-Colo., signing the bill. Click "accept" below to confirm that you have read and understand this notice. The law contains a safe harbor provision for covered entities that develop and comply with their own notification procedures that are consistent with the laws requirements. How does the Colorado Privacy Act define the sale of personal data? Unlike the CCPA and CDPA, the CPA is applicable even when a company derives less than 50% of its gross annual revenue from selling data. Since the CPRA and VCDPA have the same effective date of January 1, 2023, six months before the CPA's effective date of July 1, 2023, early compliance efforts will assist businesses to comply with all three state laws. The CPA tasked the Colorado Attorney General with implementing and enforcing the CPA, including adopting new rules. Consumers have the right to obtain a personal data in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another entity without hindrance.. The ASA Effective Date is Fast Approaching: Employers Should Get Commonwealth Court Restricts the Pending Ordinance Doctrine. LITIGATION MINUTE: CHOICE OF LAW AND FORUM CLAUSES IN DEAL WORK. Colorados document disposal law, C.R.S. There is no private right of action. HAPPY OTSA DAY! More specifically, Colorado businesses should take time to review their new compliance responsibilities and the new response times required by Colorado as compared to the CCPA, the Virginia Consumer Data Protection Act, and the EU's GDPR, among other privacy laws. She also workes on drafting and negotiating software licenses, data security exhibits, big data licenses, professional You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. Absent consent, the CPA dictates a controller shall not process personal data for purposes that are not reasonably necessary to or compatible with the specified purposes for which the personal data are processed., Duty of care. Statement in compliance with Texas Rules of Professional Conduct. JX. Like the CDPA, the CPA also provides consumers the right to appeal a business denial to take action within a reasonable time period. 22 The Colorado Privacy Act also provides for a higher possible penalty. Like Virginia and the CCPA, there is a right to opt out of selling information. This is like CDPA, CPRA, and GDPR. Do Smartwatches, GPS Devices, and Other Employee Tracking Revised NLRB Election Standards Should Lead to More In-Person Union Sackett II Me: Breaking Down the Arguments in Sackett v. EPA [PODCAST], NLRB General Counsel Memo on Electronic Monitoring of Employees. The CPA will come into effect on 1 July 2023. An Updated Federal Overtime Rule: Whens It Coming? The AG is required to provide a 60-day written notice to companies it believes are in violation of the law and an opportunity to cure prior to initiating any action. There are also rights to deletion and data portability. Subscribe to the Privacy List. Weiser emphasized the importance of support for state leadership in order to protect consumers' data and privacy rights, highlighting his state's efforts to pass the CPA to strengthen consumer protection. In prepared remarks last week, Colorado Attorney General Phil Weiser explained the expected rulemaking process for the states new privacy act. Copyright 2022, Sheppard Mullin Richter & Hampton LLP. Putting it Into Practice. The primary entity-level exemption under the CPA is for entities regulated by the Gramm-Leach-Bliley Act. Explore the full range of U.K. data protection issues, from global policy to daily operational details. If you would ike to contact us via email please click here. Pease International Tradeport, 75 Rochester Ave.Portsmouth, NH 03801 USA +1 603.427.9200, CDPO, CDPO/BR, CDPO/FR, CIPM, CIPP/A, CIPP/C, CIPP/E, CIPP/G, CIPP/US, CIPT, LGPD. If the controller fails to do it within 60 days after receipt of the notice, the attorney can take action. The IAPP is the largest and most comprehensive global information privacy community and resource. All State & Fed. Individual Rights. Comments submitted by November 7, 2022, will inform the stakeholder meetings; comments submitted by January 18, 2023, will considered for any proposed revisions . Notice 2022-41: IRS Expands Mid-Year Cafeteria Plan Change EEOC Replaces EEO is the Law Poster and OFCCP Supplement with Know Summary of NLRB Decisions for Week of October 17 -21, 2022, Energy & Sustainability Washington Update November 2022, The SEC's Tenuous, Tentative Case For Preemption. Browse Colorado Revised Statutes | Part 13 - [Effective 7/1/2023] COLORADO PRIVACY ACT for free on Casetext. After that, controllers will no longer be entitled to cure prior to attorney general action. Like the EU General Data Protection Regulation and CDPA, the CPA requires processing by a processor must be governed by a contract between the controller and the processor. These contracts must establish the processing instructions to which the processor is bound, including the nature of the processing, the type of personal data subject to the processing, and the duration of the processing, along with other legal obligations. Sign In Get a Demo Free Trial Free Trial. Prior to engaging in processing that presents a heightened risk of harm to consumers, controllers must conduct and document data protection assessments. Thus, a noncompliant entity may be fined up to $20,000 per violation. Episode 5: Whats New In Law Firm Thought Leadership? delivers commercial products/services targeted to Colorado residents and; during a calendar year, controls or processes personal data of at least 100,000 consumers; or. He cited a best practices guidance document previously published by his office for further details on protecting sensitive information from unauthorized third-party intrusion. When does the Colorado Privacy Act go into effect? Beginning July 1st, 2023, the Colorado Privacy Act will take full effect in providing new rights and protecting consumers' privacy. The law defines covered entity as a person (as defined C.R.S. | May 13, 2021, Colorado Privacy Act Widget - 2022 State Privacy Law Tracker, 2022 Husch Blackwell LLP. The content and links on www.NatLawReview.comare intended for general information purposes only. Need advice? Employers and employees pay .45 percent each unless an employer chooses to pay a larger percentage of the cost up to 100%. For example, a right of access and to correct. The law does not have a private right of action, and the AG is to adopt regulations on certain aspects by July 1, 2023. EPA Announces 2022 Safer Choice Partner of the Year Award Winners. Weiser noted his office's power to enforce such laws, listing examples of past enforcement actions against certain companies for running afoul of acceptable data protection practices. As technology professionals take on greater privacy responsibilities, our updated certification is keeping pace with 50% new content covering the latest developments. Julia's practice focuses on data breach response and preparedness, reviewing clients' products and services for privacy implications, drafting online terms and conditions and privacy policies, and advising clients on cross-border data transfers and compliance with US and international privacy regulations and standards. The CPA taking effect on July 1, 2023, regulates the personal . A violation of the CPA will constitute a deceptive trade practice under Colorado law, and will be subject to injunctive and civil penalties of not more than $20,000 for each violation. The IAPP presents its sixth annual Privacy Tech Vendor Report. This issue, the IAPP lists 364 privacy technology vendors. | June 08, 2021, Blog
The Colorado Attorney General's Office believes it will produce better rules if it receives strong, diverse input from interested persons and invites comments from all members of the public regarding the proposed draft rules during the rulemaking process. The law does not define what constitutes reasonable security measures. - There will be different stages involved. The first two years of the program, which starts in 2023, charges premiums at .9% of the employee's wages. Specifically, controllers must obtain consumer consent prior to processing sensitive data. | July 07, 2021, Blog
The Colorado Attorney General can request data protection assessments; however, such a request does not constitute a waiver of the attorney client privilege or work product protection (thereby implying that assessments can be so protected). FAIR TRADE AND RESTRAINT OF TRADE . However, the obligations themselves are close analogs of one another. The right to cure will sunset on January 1, 2025. Consent must be freely given, specific, informed, and unambiguous.. DataGrail raises $45M Series C to power the data privacy revolution. On July 8, 2021, Colorado officially became the third state to pass broad consumer privacy legislation. | August 09, 2022, Media Mentions
Challenges in the Valuation of VC-Backed Companies: Why Relying on NYDFSs $4.5 Million EyeMed Cyber Settlement Reminder To Industry, ESG Considerations for Retirement Plans: A Moving Target, European Commission Publishes Report on Decentralized Finance. Data protection assessments must identify and weigh the benefits that may flow from the processing to the controller, the consumer, other stakeholders and the public against the potential risks to the rights of consumers associated with the processing. Its sponsor is Rep. Suzan DelBene, D-Wash. The CPA carries specific rights for the consumer including: Opt-out of processing of personal data. The Colorado Privacy Act (CPA) will take effect July 1, 2023. Does the Colorado Privacy Act require businesses to have online privacy policies? Colorado consumers will have rights similar to those under other US laws and GDPR. Copyright 19962022 Holland & Knight LLP. Controller A (EEA) Processor Z (Non-EEA) Employee of Processor Z (Non-EEA) ( NLRB GC To Urge Board to Regulate Electronic Worker Monitoring and Management, Value-Based Care Conference 2022: Hot Topics and Trends, 2022 West Coast Forum - Beverly Hills, CA, Mitigating Title IX Liability in Athletic Fundraising Policies and Procedures, Trade Secrets, Restrictive Covenants, and No-Poach Agreements in Health Care. A Question OpenSky Should ATA Calls for Stakeholder Letter on Telemedicine Controlled Equitable Mootness No Bar to Slicing & Dicing Exculpation EPA Region 1 Expands NPDES Stormwater Permitting Requirement to Sites Unpacking Averages: Finding Medical Device Predicates Without Using 2023 Employee Benefit Plan Limits Announced by IRS. The Colorado Privacy Act (CPA) is a comprehensive data privacy framework signed into law on July 8, 2021, and set to take effect on July 1, 2023. View our open calls and submission instructions. Important definitions in the CPA The CPA defines a consumer as "a Colorado resident acting only in an individual or household context" and explicitly omits individuals acting in "a commercial or employment context, as a job applicant, or as a beneficiary of someone acting in an employment . Fox Rothschild LLP is a national law firm of 950 attorneys in offices throughout the United States. | September 15, 2021, Articles
Talk privacy and network with local members at IAPP KnowledgeNet Chapter meetings, taking place worldwide. The days top stories from around the world, Where the real conversations in privacy happen, Original reporting and feature articles on the latest privacy developments, Alerts and legal analysis of legislative trends, A roundup of the top Canadian privacy news, A roundup of the top European data protection news, A roundup of the top privacy news from the Asia-Pacific region, A roundup of the top privacy news from Latin America. Controllers will generally have 45 days to respond to consumer requests. Yes. 2021 Colorado Code Title 6 - Consumer and Commercial Affairs Article 1 - Colorado Consumer Protection Act Part 13 - Colorado Privacy Act (Effective July 1, 2023) : MyPillow and Mike Lindell Facing MASSIVE EXPOSURE Alabama Medical Cannabis Application Window Is Open: [Insert Michael Ankura CTIX FLASH Update - November 1, 2022, Ankura Cyber Threat Investigations and Expert Services, Brazil Limits New Privacy Laws Obligations on Small Entities. Husch Blackwell Submits Comments on Colorado Privacy Act Pre-Rulemaking, Data Privacy Unlocked, A Conversation with Colorado Attorney General Phil Weiser. Overview Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. Categories collected or processed by controller or processor. These disclosures are: As with the CDPA, the CPAs definition of personal data explicitly excludes any deidentified data or publicly available information. Profiling means any form of automated processing of personal data to evaluate, analyze or predict personal aspects concerning an identified or identifiable individuals economic situation, health, personal preferences, interests, reliability, behavior, location or movements. EPA Provides Report to Congress on Its Capacity to Implement Certain SEC Adopts Amendments Requiring Electronic Filing of Forms 144. The Colorado Privacy Act is due to take effect on July 1, 2023. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Review a filterable list of conferences, KnowledgeNets, LinkedIn Live broadcasts, networking events, web conferences and more. The statute has additional requirements and exceptions not discussed here. Like the CDPA, these can be broken down into two main categories: entity-level exemptions and data-level exemptions. The law defines sensitive data to include personal data revealing racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, sex life or sexual orientation, citizenship or citizenship status, genetic or biometric data that may be processed for the purpose of uniquely identifying an individual, and the personal data of a known child. State Voting Leave Requirements: A Refresher in Preparation for the How Colleges, Universities Can Prep for U.S. Supreme Courts DHS Again Extends I-9 Compliance Flexibility, Also Proposes Framework CFTC Whistleblower Report Reveals Tremendous Success for Taxpayers. All rights reserved. Do not send any privileged or confidential information to the firm through this website. These assessments are required for specific types of processing activities listed in the statute. The CPA, Virginia's new consumer privacy law and the amendments to California's privacy rules all contain requirements to secure personal information, as well as minimize personal information processed. Notably, the definition of covered entity is broader than the Colorado Privacy Acts definition of controller.. Read more about consumers' rights under the CPA, and how to it. The CPA defines process to include not only data collection, but also its storage. The Essentials - California Employment Law Update October 2022. | October 21, 2022, Media Mentions
Tips and tools for U.S. Department of Defense contractors implementing NIST 800-171 controls and completing their first CMMC assessments. 07.08.2021 Colorado Governor Jared Polis signed the Colorado Privacy Act (the "CPA") into law on July 8, 2021, making Colorado the third state (after California and Virginia) to pass a comprehensive privacy law to protect its residents. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. The Attorney General and district attorneys have exclusive authority to enforce the CPA and can seek injunctive relief or significant monetary damages. The CPA requires controllers take security precautions during storage and use of data by imposing a duty of care. The legislation . Data protection assessments. Unlike in California and Virginia, non-profits are in-scope, and willnotbe exempt. In prepared remarks last week, Colorado Attorney General Phil Weiser explained the expected rulemaking process for the state's new privacy act. The hearing will be conducted both in person and by video conference. Increase visibility for your organization check out sponsorship opportunities today. When a business elects to extend that deadline it must notify the consumers within the initial 45-day response period. Telecom Alert: PSAP Notification R&O; EWA 800 MHz Band Petition Know Your Rights: The EEOC Issues New Workplace Discrimination Poster. Colorado to Adopt Privacy Act Regulations in 2023. Starting July 1, 2024, controllers will need to honor user-selected universal opt-outs for targeted advertising and sales. Enforcement. The first title to verify you meet stringent requirements for knowledge, skill, proficiency and ethics in privacy law, and one of the ABAs newest accredited specialties. Duty of transparency. Europes top experts predict the evolving landscape and give insights into best practices for your privacy programme. Develop the skills to design, build and operate a comprehensive data protection program. Colorado's privacy legislation is effective July 1, 2023. The law prohibits a controller from processing personal data in violation of state or federal laws that prohibit unlawful discrimination against consumers., Duty regarding sensitive data. More high-profile speakers, hot topics and networking opportunities to connect professionals from all over the globe. Sale is defined as the exchange of personal data for monetary or other valuable consideration by a controller to a third party. The definition contains certain exceptions such as the disclosure of personal data to a processor that processes the personal data on behalf of a controller and the disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer. Disclosure or transfer to a third party of personal data as an asset that is part of a proposed or actual merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controllers assets. Benefits Received The IAPP is the only place youll find a comprehensive body of resources, knowledge and experts to help you navigate the complex landscape of todays data-driven world. Colorados data breach notification law, C.R.S. The controller then has 60 days to cure the violation. The CPA defines a consumer as a Colorado resident acting only in an individual or household context and explicitly omits individuals acting in a commercial or employment context, as a job applicant, or as a beneficiary of someone acting in an employment context. As is the case under the CDPA, controllers need not consider the employee personal data they collect and process when evaluating the laws applicability. The Colorado Privacy Act provides a 60-day cure period for alleged violations, in effect until January 1, 2025. President Biden's Executive Order Is a Big Step Forward, but Will There Be Two Steps Back? Controller A (EEA) Processor Z (Non-EEA) Employee of Processor Z NLRB GC To Urge Board to Regulate Electronic Worker Monitoring and Outside the Beltway of Health Care - Episode 21 [PODCAST], Key Terms and Conditions for Buyers and Sellers in the Supply Chain. Among the other notable exemptions are those related to deidentified information and information specifically regulated by other laws and therefore exempt from CPA obligations. It is set to go into effect on July 1, 2023. Yes, for certain types of information. Understand Europes framework of laws, regulations and policies, most significantly the GDPR. 2022 International Association of Privacy Professionals.All rights reserved. This includes processing personal data for targeted advertising or sales, certain types of profiling, and processing sensitive data. Violations of the CPA constitute deceptive trade practices and therefore are subject to a $20,000 per violation fine pursuant to the Colorado Consumer Protection Act. The SEC's Immensely Impracticable Impracticability Exception. Why the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) May Foley Manufacturing Update: November 2, 2022. California Court of Appeal Dismantles Rounding Where Accurate Defense Contractors - Check Your Non-Disclosure Agreements for Three Notable Antitrust & Tech Updates That May Have Flown Under Justice Department Obtains Permanent Injunction Blocking Penguin United States Department of Justice (DOJ). You can be punishable by civil penalties of up to $2,000 if you violate the CPA and they can reach a maximum penalty of $500,000 for related violations. Security breach is defined as the unauthorized acquisition of unencrypted computerized data that compromises the security, confidentiality or integrity of personal information maintained by a covered entity. Does the Colorado Privacy Act require businesses to enter into data processing agreements with processors? The Colorado Privacy Act (CPA) is a comprehensive consumer data privacy law passed in July 2021. CPA also calls for the documentation of data protection assessments, similar to CPRA (but not CCPA), CDPA, and GDPR. On July 8, 2021, the state of Colorado officially enacted the Colorado Privacy Act following Gov. While the law sets forth several pages of specific exemptions for health care controllers, it does not go so far as to fully exempt them from the law in the way the CDPA does. Also like Virginia, there is a right to opt out of targeted advertising and profiling. If Californias experience with CCPA regulations is any indication, we certainly have not heard the last updates out of Colorado. On October 1, 2022, the Colorado Attorney General's Office submitted an initial draft of the Colorado Privacy Act Rules ("CPA Rules"), which will Parts 160 and 164 established pursuant to HIPAA, and . The Colorado Privacy Act applies to controllers that conduct business in Colorado or produce or deliver commercial products or services that are intentionally targeted to Colorado residents and that either (1) control or process the personal data of 100,000 or more consumers during a calendar year or (2) derive revenue or receive a discount on the price of goods or services from the sale of personal data and process or control the personal data of 25,000 or more consumers. The dates and times of these additional sessions will be announced via the CPA rulemaking mailing list and on the AG's website. The CDPA is Virginia's data privacy lawgoing into effect on January 1, 2023. Colorado became the third US state, after California and . Numerous exceptions and carve-outs in the CPA allow certain listed entities, types of information, and activities to escape coverage, including protected health information governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and other personal data that is subject to certain federal laws (among them the Children . Though what this means in practice is currently unclear, the law requires the Colorado attorney general to set forth technical standards before July 1, 2023. On July 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act ("CPA") into law. Thankfully that 60-day cure period will provide a buffer for the industry, but with CPA and VCDPA both slated to go into effect on July 1, 2023, and January 1, 2023, respectively planning ahead now makes the most sense, especially since Google has adjusted plans to turn off third-party cookies in 2023 as well. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Applies to legal entities that conduct business or produce commercial products or services that are intentionally targeted to Colorado residents and that either: Control or process personal data of at least 100,000 consumers per calendar year; or This law makes Colorado the third state to enact comprehensive privacy legislation behind California and Virginia. How does the Colorado Privacy Act define personal data? Unconstitutional Self-Actualizing, Perpetual Funding Mechanism May California Offshore Wind Lease Sale Announced by Bureau of Ocean Colorado AG Publishes Draft Colorado Privacy Act Rules, Significant Developments for the US Offshore Wind Energy Industry. Entity-level exemptions are broader and, where they apply, the controllers need not comply with CPA obligations and rights regarding data they collect, even when the data would otherwise be included. On July 8, 2021, the Colorado Privacy Act (CPA) was signed into law with an effective date of July 1, 2023. The CPA provides new obligations on Controllersthat is, any entity that (i) determines the purposes and means of processing personal data, (ii) conducts business in Colorado or produces or delivers commercial products or services intentionally targeted to residents of the state, and (iii) either: (a) controls or processes the personal data . On July 7, 2021, Governor Polis signed Senate Bill 21-190: Protect Personal Data Privacy establishing the Colorado Privacy Act (CPA). Accordingly, entities that are not subject to the Colorado Privacy Act still may be required to contractually ensure that third party service providers implement reasonable security procedures when handling certain types of data. Targeted advertising means displaying to a consumer an advertisement that is selected based on personal data obtained or inferred over time from the consumer's activities across nonaffiliated websites, applications or online services to predict consumer preferences or interests. Casting a Wide Net on Privacy: Californias Age-Appropriate Design Code Act and Wilson Elser Moskowitz Edelman & Dicker LLP. Crypto Showdown: SECs Lawsuit Against Ripple Labs Reaches Critical BIS Implements New Chinese Supercomputer and Semiconductor International Trade Practice at Squire Patton Boggs. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Verlngerung der Arbeitsnehmerberlassungshchstdauer durch New York City COVID-19 Vaccine Mandates Dealt a Fatal Blow, AUSTRALIAN REGULATORY UPDATE 2 NOVEMBER 2022. The Colorado Privacy Act is enforced by the attorney general or district attorney. The CPA provides five main rights for the consumer. To assist companies in understanding and complying with the CPA, Husch Blackwell's Denver-based data privacy team has compiled numerous resources and FAQs. This will help us engage in a more focused dialogue, consider diverse perspectives, and address issues., Q3 2022: Formal notice of proposed rulemaking: By this fall, we will post a formal Notice of Proposed Rulemaking, which will include a proposed set of model rules. Your organization must act now to become compliant with new state privacy regulations in the United States. The IAPP's EU General Data Protection Regulation page collects the guidance, analysis, tools and resources you need to make sure you're meeting your obligations. Unless an exception applies, covered entities have 30 days to notify affected individuals and provide certain information as required by the statute. Similarly, both laws require that entities implement reasonable security procedures to protect personal data / personally identifiable information. | November 03, 2021, Articles
During this time, we will post a series of topics for informal input on our website and solicit responses in writing and at scheduled events. CPA Business Brief. PLAINTIFF FAILED TO ALLEGE TCPA CLAIM: Small Victory For Capital Link Tis the Season to Update Your Companys Employee Handbook. Controllers may not process activity that presents a heightened risk of harm to a consumer without conducting and documenting a data protection assessment of each of its processing activities, and includes multiple examples. In his remarks, Weiser outlined that the process to issue rules under the CPA which was passed in July 2021 and goes into effect in July 2023 will involve separate stages of feedback from Colorado consumers and businesses before the formal rules are drafted. This is six months after Virginia's law (CDPA) and California's Privacy Rights Act (CPRA), which amends the existing CCPA, go into effect. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. Does the Colorado Privacy Act apply to nonprofits? The CPA blends together concepts from existing California and EU law, as well as the upcoming (January 1, 2023) requirements in Virginia and California. Colorado Attorney General Philip Weiser issued remarks on Data Privacy Day in January discussing his office's plans for implementing the Colorado Privacy Act (CPA), as well as best practices for companies to comply with data security requirements. Monetary or other valuable consideration privacy and network with local members at IAPP Chapter. Several comprehensive data protection program Causes Rise in financial Crime 's Denver-based data privacy in Rights requests must be limited to what is reasonably necessary for the processing in financial Crime federal! Asa Effective Date is Fast Approaching: employers should Get Commonwealth Court Restricts the Ordinance. Student, military or passport identification number ; Driver 's license number or identification card number ; or larger of. 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To phishing attacks and ransomware incidents 2021, the IAPP firm Thought Leadership - California Employment Update Privacidade e na legislao brasileira sobre privacidade an individual or household context protection program is likely a bit lenient! To correct issue, the AG will hold a public hearing at 10:00 am.. Contact US via email please click here of law and FORUM CLAUSES in DEAL WORK important decision should. They experience a security breach the below statutes apply to other types of regulated Decision and should not be based solely upon advertisements define targeted advertising sales
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