utah consumer privacy act

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. See id. The categories of personal data processed by the controller. In particular, the UCPA exempts certain entities regulated under federal privacy laws, such as financial institutions subject to Title V of the Gramm-Leach Bliley Act and covered entities and business associates subject to the HIPAA privacy and security regulations. 37Id. The incoming privacy law in Utah will provide consumers with similar rights to those found under existing state privacy laws. to the extent technically feasible, is portable; to the extent practicable, is readily usable; and, allows the consumer to transmit the data to another controller without impediment, where the processing is carried out by automated means.. IAPP members can get up-to-date information here on the California Consumer Privacy Act and the California Privacy Rights Act. Subject to exceptions, the UCPA directly applies to both organizations that determine the means and purposes of processing personal data (controllers) as well as other organizations that process personal data on their behalf (processors). Need advice? The UCPA applies to for-profit entities ("controllers" or "processors") that (1) conduct business in Utah or target products and services to consumers who are residents of the state, (2) have annual revenues of at least $25 million, and (3) meet one of two threshold requirements: The law exempts certain types of data and entities, including publicly available data, de-identified data, and data subject to the Health Insurance Portability and Accountability Act, the Driver's Privacy Protection Act, and the Family Education Rights and Privacy Act. Right to information about sales of personal information, Section 1798.120. Continuing efforts at the state level to establish a data privacy framework in the US, a fourth state has passed a comprehensive consumer privacy law. However, controllers may offer bona fide loyalty, rewards, and discount programs and offer a different price or quality of product or service if a consumer opts out of targeted advertising. Understanding the UCPA as passed, however, is only the beginning. Welcome to ComplianceWeek.com. Nondiscrimination. Utah Consumer Privacy Act - Privacy Protection - United States - Mondaq For instance, a data processing contract under the UCPA need not include a provision requiring a processor to comply with reasonable audits by a controller. The bill grants authority to the state archivist, anticipating further rulemaking to create the framework and expectations for state records custodians of executive branch agencies. If you want to comment on this post, you need to login. Namely, it draws heavily from the Virginia Consumer Data Protection Act and several of its VCDPA-like components are also contained in the Colorado Privacy Act. Although theres some controversy about the laws, they provide numerous data privacy protections, so its good to know your rights. Hear expert speakers address the latest developments in data protection globally and in the Netherlands. These differences include: Businesses subject to the UCPA will generally find that their compliance efforts for other state privacy laws offer a significant foundation for UCPA implementation as they build for its December 31, 2023, effective date. We use cookies to ensure that we give you the best experience on our website. Yet after just five working days, the Utah Legislature has settled on a law. On March 24, 2022, Utah Governor Spencer Cox signed the Utah Consumer Privacy Act (UCPA), making Utah the fourth US state to pass comprehensive privacy legislation after California, Virginia, and Colorado. Data processed or maintained in the course of employment, including job applicant data, is also exempt. SB0227 - Utah State Legislature Controllers determine why and how personal data is processed, while processors process personal data on behalf of a controller. Bill Received from Senate for Enrolling. Governor Cox has 20 days to sign the bill or take no action (after which it will become law), or veto the bill. "2 Personal Data does not include information that is de-identified or that is publicly available. Finally, the UCPA provides broader permission for businesses to charge consumers fees when responding to requests.14 Specifically, the UCPA allows controllers to charge a fee for a second request in a 12-month period (similar to Colorado) and for requests that are excessive, repetitive, technically infeasible or manifestly unfounded (similar to Virginia). In practice, however, the substance of the UCPA takes a lighter, more business-friendly approach to consumer privacy than all three of its predecessors. The law will take effect on December 31, 2023. The UCPA is both similar to and different from the consumer privacy laws of California, Virginia and Colorado. A group of Texas families and doctors have sued in state court seeking to block the state's new law that bans gender-affirming care for minors. Unlike the CPA and Californias Consumer Privacy Rights Act (CPRA), SB 227 does not require controllers to honor Global Privacy Control signals that enable users to opt out of the sale of personal data and targeted advertising on their browser instead of a site managed by the controller. Utah's similarities with the upcoming Colorado, California and Virginia privacy laws will not create any significant unique obligations on businesses in complying with the developing state data privacy framework set to go into effect in 2023. Utah's Senate passed the UCPA unanimously on February 25, 2022, and was followed by a unanimous vote by Utah's House on March 2. Legislative Research and General Counsel / Enrolling. The IAPP Westin Research Center compiled this updating tracker of proposed and enacted comprehensive privacy bills from across the country to aid our members efforts to stay abreast of the changing state-privacy landscape. Among other protections, the bill prohibits ads that target minors, direct messages to youth accounts from non-affiliated accounts, and prohibits minor accounts from appearing in search results. As technology professionals take on greater privacy responsibilities, our updated certification is keeping pace with 50% new content covering the latest developments. 7 Bill 13-61-302(2)(a)-(b). A controller is defined as a person that "determines the purposes for which and means by which personal data is processed. The Utah Consumer Privacy Act - Buchalter Law Firm UCPA is privacy legislation that intends to protect consumers' personal data. Utah's Consumer Privacy Act: What Do Businesses Need to Know? The annual revenue threshold requirement means smaller entities, even if they satisfy the other thresholds, will not be subject to the UCPA. The UCPA also requires that all processing be governed by a contract between the controller and processor that outlines relevant consumer privacy provisions.11. Non-exempt personal data that reveals information regarding an individuals medical history, mental or physical health condition, or medical treatment or diagnosis by a health care professional, along with certain genetic personal data or biometric data, may be considered sensitive data and afforded additional protections, as described below.17, Similar to the other comprehensive state privacy laws, personal data under the UCPA is defined as information that is linked or reasonably linkable to an identified or identifiable individual.18 This does not include deidentified, aggregated or publicly available information.19 The UCPA mandates that covered businesses controlling or processing consumers personal data must safeguard that data and provide clear information to consumers about how the data is used. 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. Tika Basnet contributed to this publication. There are some subtle differences in what these rights cover in certain instances, however, at a high level the UCPA provides consumers with: With the recent signing of the Utah Consumer Privacy Act ( UCPA) by Gov. Specifically, the UCPA's provisions regarding "sensitive data" will not apply to information that reveals racial or ethnic origin when processed by a video communication service, which the UCPA does not define, or certain healthcare workers. Present consumers with clear notice and opportunity to opt out of the processing of sensitive data. The Utah Consumer Privacy Act protects Utah residents and grants them certain rights concerning their personal data. To exercise any of the above rights, the UCPA, like the VCDPA and CPA, states that controllers are to specify the means for consumers to submit a request. Purpose: Also known as the Financial Modernization Act of 1999, the GLB Act includes provisions to protect consumers' personal financial information held by financial institutions. The UCPA bears a greater resemblance to the Virginia Consumer Data Protection Act (VCDPA) than to the California Consumer Privacy Act (CCPA) or the Colorado Privacy Act (CPA), and is more business-friendly than all three. Additionally, the UCPA does not provide a right for consumers to appeal denials of requests to exercise their rights, correct personal data or to opt out of profiling. The UCPA includes an extensive list of health-related information that is exempt, beyond PHI, including (1) information that has been de-identified in accordance with HIPAA;12 (2) patient identifying information as defined under the Confidentiality of Substance Use Disorder Patient Records regulations (commonly known as Part 2);13 (3) a broad swath of information collected in the course of conducting clinical research;14 and (4) information originating from, and intermingled to be indistinguishable with, PHI or certain other exempt information that is maintained by a health care facility or health care provider15 or by a program or qualified service organization under Part 2.16 Not all health information, however, is outside the scope of the UCPA. The UCPA shares many similarities with other state laws, particularly the Virginia Consumer Data Privacy Act (VCDPA), and businesses operating in or serving consumers in Utah will need to build for compliance by the December 31, 2023, effective date. The UCPA passed the Utah legislature on March 3, 2022. California, Colorado, and Virginia all passed their own consumer data privacy laws before Utah. Attorney general regulations, California Privacy Rights Act, 2020 (CPRA), Childrens Online Privacy Protection Act (COPPA), Virginia Consumer Data Protection Act (CDPA). The categories of personal data the controller shares with third parties, if any. The enforcement process itself, however, takes a novel, multi-layered approach. Utah Consumer Privacy Act - Consumer Privacy Act The UCPA protects Utahns' right to privacy, prevents residents from taking private legal action against businesses that violate the law, and authorizes the Office of the Attorney General to investigate consumer complaints, enforce the law, and request that a court impose penalties. This report explores the compensation, both financial and nonfinancial, offered to privacy professionals. The UCPA is, in many ways, a parallel to the CCPA. 12 Bill 13-61-201(1)-(4). This requirement for a business to meet both a financial threshold as well as a data volume threshold is unique among state consumer privacy laws. 10 Bill 13-61-101(26). Bill 13-61-101(32). 62 (b) Chapter 10a, Music Licensing Practices Act; 63 (c) Chapter 11, Utah Consumer Sales Practices Act; 64 (d) Chapter 15, Business Opportunity Disclosure Act; 65 (e) Chapter 20, New Motor Vehicle Warranties Act; 66 (f) Chapter 21, Credit Services Organizations Act; 67 (g) Chapter 22, Charitable Solicitations Act; No Global Privacy Control. The UCPA defines sensitive data as personal data that reveals an individuals (1) racial or ethnic origin; (2) religious beliefs; (3) sexual orientation; (4) citizenship or immigration status; or (5) medical history, mental or physical health, medical treatment or diagnosis by a health care professional, plus specific geolocation data and certain genetic personal data or biometric data, all subject to limited exceptions. Ralph Northam, D-Va., signed the Virginia Consumer Data Protection Act into law March 2, 2021. We will continue to keep you apprised of new developments in this emerging data privacy framework. The University of Utah takes the protection of employee, student, alumnus, and patient data seriously. It also provides for the right of a consumer to opt-out of targeted advertising and sale of personal data. denying a good or service to the consumer; charging the consumer a different price or rate for a good or service; or, providing the consumer a different level of quality of a good or service., The request is a consumers second or subsequent request during the same 12-month period., The request is excessive, repetitive, technically infeasible, or manifestly unfounded., The controller reasonably believes the primary purpose in submitting the request was something other than exercising a right., The request harasses, disrupts, or imposes undue burden on the resources of the controllers business..
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