Utah Privacy Law – Privacy

Nelita Collins


United States:

Utah Privacy Law


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The Utah Consumer Privacy
Act
 (“UCPA” or the “Act”) is on its
way to the Governor’s desk. The Act cleared the State Senate on
February 25 and was unanimously approved by the House of
Representatives on March 2. If written into law, Utah will be the
fourth state to pass comprehensive consumer data privacy
legislation. Please note that the Utah Privacy Law
presently has an effective date of December 31, 2023
. As
such, many businesses that have worked to comply with California, Virginia, and Colorado privacy laws may soon need to
undertake Utah privacy law compliance measures as well. 

Utah Privacy Law Applicability

Prior to working toward UCPA compliance, businesses should first
determine whether the Utah Privacy Law applies to them. First, only
companies that make over $25 million in annual revenue must comply
with the Act. Further, the Act will only regulate companies that
conduct business within the State of Utah or target Utah residents
and either: (1) control or process personal data of 100,000 or more
consumers during a year; or (2) control or process personal data of
25,000 or more consumers and derive over 50% of gross revenue from
the sale of this personal data. Please note that the Act exempts
governmental entities, tribes, and nonprofit corporations.

Utah Privacy Law Consumer Rights and Compliance
Requirements

The UCPA contains standard consumer protections, providing
consumers with the right to:

  1. access and correct certain personal data;

  2. opt out of the collection and use of personal data for certain
    purposes;

  3. know what personal information a business collects, how the
    business uses this personal information, and whether the business
    sells the personal information; 

  4. require a business to delete personal information; and

  5. prohibit a business from selling their personal
    information.

Further, businesses that control and process consumer personal
data must: 

  1. safeguard this personal data; 

  2. provide clear disclosures concerning how consumer personal data
    is used; 

  3. accept and comply with consumer requests to exercise their UCPA
    rights; 

  4. provide a process for consumers to submit requests and appeal
    business decisions regarding the processing of their personal data;
    and 

  5. conduct data protection assessments. 

Utah Privacy Law Enforcement

Pursuant to the Act, the Office of
the Attorney General
 will enforce the UCPA. In connection
therewith, the Attorney General is authorized to: (1) obtain and
evaluate a business’s data protection assessments; (2) take
enforcement action against violators; and (3) impose penalties.
While Utah privacy law closely tracks that of Virginia and other
state privacy laws in general, Utah takes a unique approach with
respect to consumer UCPA violation claims. Specifically, consumers
may only file complaints with the Division of Consumer Protection
(the “Division”). The Division may accept and investigate
such complaints. If the Division determines that a business
violated a consumer’s rights, then it will refer the claim to
the Attorney General. Thereafter, the Office of the Attorney
General will conduct its own investigation and decide if it will
bring an enforcement action.

Given that there are no comprehensive federal consumer data
privacy regulations in effect, businesses must monitor evolving
state privacy law developments and work quickly to become compliant
when relevant regulations are enacted.

Similar Blog Posts:

NY Privacy Act Out of First Committee

The CPRA Sensitive Personal Information
Data Category

UPDATE: Virginia Privacy Bill Signed into
Law

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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