Denver council passes bill limiting required collection of sex and gender data
The measure would generally limit retention of information city agencies are required to collect to 30 days, with exceptions for legal requirements and important city interests.
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Denver City Council passed a bill Oct. 5 that would restrict when city agencies can require collection or disclose personal information about a person’s actual or perceived sex, sexual orientation, gender identity or gender expression. The measure generally limits retention of information agencies are required to collect to 30 days, with exceptions. If enacted, it would take effect Jan. 1, 2027, the filed bill says.
The bill would apply to city departments and agencies, boards, commissions, officers, employees and contractors. It allows collection or disclosure when required by federal, state or city law, or when necessary to serve an important city interest. Listed examples include health and human services, criminal justice, shelter management, workers’ compensation, and grant applications, compliance and reporting.
After 30 days, information not covered by an exception would have to be permanently destroyed from city records. Exceptions include information required by law, information subject to an existing state or federal retention schedule, and information necessary to serve an important city interest.
The bill also would restrict the use of city resources and contracts to assist other governments with certain data collection or disclosure. It separately bars city assistance to another government law-enforcement agency’s stops, searches, surveillance or investigations when based solely on the listed characteristics. Denver agencies could share data with one another, and the bill would not restrict contractors’ independent business, clinical, employment or regulatory use of information they do not disclose to the city.
If the bill takes effect as written, city departments and agencies would have to report within 90 days what covered information they will stop collecting and maintaining. Annual compliance reports would be due to City Council and the Denver LGBTQ Commission by Nov. 30.
As of Oct. 7, Denver’s Legistar meeting record listed Council Bill 26-1305 as “Awaiting Mayor’s Signature.”