The Connecticut Data Privacy Act (CDPA) includes specific exemptions for certain types of data processing, particularly those related to research and human subject protection. This factor plays a significant role in determining the scope and applicability of the law.

Text of Relevant Provisions

CDPA Section 3(b)(5) states:

"The following information and data is exempt from the provisions of sections 1 to 11, inclusive, of this act: [...] (5) the protection of human subjects under 21 CFR Parts 6, 50 and 56, or personal data used or shared in research, as defined in 45 CFR 164.501, that is conducted in accordance with the standards set forth in this subdivision and subdivisions (3) and (4) of this subsection, or other research conducted in accordance with applicable law;"

Analysis of Provisions

The CDPA explicitly exempts certain types of data processing related to research and human subject protection from its provisions. This exemption covers:

1. "the protection of human subjects under 21 CFR Parts 6, 50 and 56" - This refers to federal regulations governing the protection of human subjects in research.
2. "personal data used or shared in research, as defined in 45 CFR 164.501" - This encompasses research as defined in the HIPAA Privacy Rule.
3. "other research conducted in accordance with applicable law" - This broad clause extends the exemption to other types of research that comply with relevant laws.

The inclusion of these exemptions reflects the legislature's intent to avoid interfering with established research practices and regulations, particularly those governed by federal law.

Implications

This exemption has several important implications for businesses and organizations involved in research:

1. Research institutions and pharmaceutical companies conducting human subject research under federal regulations can continue their work without additional CDPA compliance burdens.
2. Health-related research that falls under HIPAA definitions is exempt, allowing for continuity in medical and public health research.
3. Other types of research may also be exempt, provided they comply with applicable laws. This could include market research, social science studies, or other forms of data-driven research.
4. Organizations must carefully evaluate whether their research activities fall under these exemptions. If they do, they may not need to apply CDPA requirements to those specific data processing activities.
5. However, non-research related data processing by these same organizations would still be subject to CDPA requirements.
6. Organizations conducting research should maintain clear documentation of how their activities align with these exemptions to demonstrate compliance if questioned.

This exemption factor demonstrates the CDPA's attempt to balance consumer privacy protection with the need for continued scientific and medical research, recognizing the existing regulatory frameworks in these areas.