The UCPA was introduced on February 17, 2022, and sped through the state legislature, receiving final passage on March 3, 2022. The Utah Consumer Privacy Act (UCPA) was signed into law in 2022 and takes effect on December 31, 2023. On Friday, February 25, 2022, the Utah Senate unanimously passed SB 227, or the Utah Consumer Privacy Act. Termageddon is currently tracking this new privacy law and will track any developments, including amendments to the law and Attorney General guidelines as to how to comply with this law. Utah is now the fourth state to enact a comprehensive data privacy law. If the Division has reasonable cause to believe that substantial evidence exists in support of a violation of the UCPA, the Division shall refer to the matter to the Attorney General. Like these other privacy laws, the UCPA provides consumers with broad protection and rights concerning the collection, use, processing, sharing and sale of their . Like other data privacy laws, the UCPA explicitly creates additional protections surrounding sensitive data. Under the UCPA, the following are considered sensitive data: (1) personal data that reveals an individuals racial or ethnic origin, religious beliefs, sexual orientation, citizenship or immigration status, or information regarding an individuals medical history, mental or physical health condition, or medical treatment or diagnosis by a health care professional; (2) processing of genetic personal data or biometric data for the purpose of identifying a specific individual; and, While the sensitive data definition is similar to those in the VCDPA and CPA, the UCPA provides a more relaxed consent requirement. With the recent signing of the Utah Consumer Privacy Act ( UCPA) by Gov. AUSTIN, BEIJING, BOSTON, BRUSSELS, CHICAGO, DUBAI, DSSELDORF, FRANKFURT, HAMBURG, HONG KONG, HOUSTON, LONDON, LOS ANGELES, MADRID, MILAN, MUNICH, NEW YORK, ORANGE COUNTY, PARIS, RIYADH*, SAN DIEGO, SAN FRANCISCO, SEOUL, SHANGHAI, SILICON VALLEY, SINGAPORE, TEL AVIV, TOKYO AND WASHINGTON, D.C. * IN COOPERATION WITH THE LAW FIRM OF SALMAN M. AL-SUDAIRI LLC. Certain data types are also exempt from the law including publicly available information, de-identified information, or aggregated data. Needless to say, this is not a substitute for legal advice or reading the rules and regulations we have summarized. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The UCPA, which is set to take effect on December 31, 2023, builds off existing and forthcoming privacy legislation in California, Colorado, and Virginia, but lightens some of the compliance burdens on businesses. Investigation, Enforcement, and Private Actions. Chain of custody is automatically documented and maintained, clearly demonstrating files were not opened or altered by the Classify360 platform. This is a flexible model law that states can adopt privacy legislation after. The Bill still has several hurdles to jump through before becoming law. The UCPA will apply to Utah businesses that have an annual revenue of at least US$25 million and either (1) control or process personal data of 100,000 or more consumers per year or (2) derive over 50% of the businesss gross revenue from the sale of personal data and control or process personal data of 25,000 or more consumers. We expect to see additional states adopt Utahs model, though state regulation will continue to remain a patchwork system. We also use third-party cookies that help us analyze and understand how you use this website. On March 24, 2022, Utah Governor Spencer Cox signed the Utah Consumer Privacy Act (UCPA), making Utah the fourth US state to enact comprehensive data privacy legislation. [2] Controllers shall take action on a consumers request within 45 days and inform them of any action taken on the consumers request. 128 (5) "Consent" means an affirmative act by a consumer that unambiguously indicates 129 the consumer's voluntary and informed agreement to allow a person to process personal data 130 related to the consumer. Notably, all of the consumer rights guaranteed by the UCPA already exist in other state data privacy laws. The UCPA was. This act does not include a requirement to conduct personal data assessments for some types of processing activities, so it's considered one of the most business-friendly privacy acts in the United States. The UPDPA views the consumer-business relationship as an exchange that benefits both . The privacy rights provided by this new law, Privacy Policy requirements of the Utah Consumer Privacy Act, Why accessibility is important when it comes to cookie consent. How does the Utah Consumer Privacy Act define personal data? The categories of personal data that you process; The purposes for which you process that personal data; How consumers can exercise their privacy rights; The categories of personal data that you share with third parties, if any; The categories of third parties, if any, with whom you share personal data; If you sell personal data or engage in targeted advertising, the manner in which consumers may opt out of such use or sales. Rapidly classify any amount of data, from gigabytes to petabytes even exabytes. [20] The Attorney General may not initiate an action if the controller or processor cures the violation and provides an express written statement that the violation has been cured and no further violation will occur. Proposals in Florida, Indiana, and Wisconsin that passed one chamber this year each failed after time ran out in those states legislative sessions. Entities engaging in public health activities and in activities associated with consumer reporting agencies should consult experts to determine whether the Act applies to them. Notably, all of the consumer rights guaranteed by the UCPA already exist in other state data privacy laws. A new consumer privacy act has been signed into law in Utah and takes effect as 2023 ends, the fourth state bill of this nature to be passed. Utah Consumer Privacy Act In March 2022, Utah's Consumer Privacy Bill passed the State House. In addition to notice, the UCPA provides consumers the following rights: Unlike California, Virginia, and Colorado, however, under the UCPA, Utah consumers do not have the right to correct their personal data, nor do they have the right to opt out of the processing of personal data for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. The Utah Consumer Privacy Act applies if you conduct business in Utah. Spencer J. Cox on March 24, 2022, Utah has become the fourth state to enact a comprehensive law addressing consumer data privacy, joining California, Colorado and Virginia. Utah's GIPA applies to "direct-to-consumer genetic testing companies" that obtain genetic data from residents of Utah. The Utah Consumer Privacy Act ("UCPA") was signed into law on March 24, 2022. This law provides new consumer privacy rights to residents of Utah and imposes various privacy obligations upon certain businesses, such as the requirement to have a comprehensive Privacy Policy. [21] However, the Attorney General may bring an enforcement action against businesses that fail to cure a violation or continue to violate the law after providing a written statement. For example, Iowa is currently moving forward with a similar data privacy bill. Utah is the first state in 2022 to have passed such legislation. Languages Back Deutsch English Espaol Franais Italiano Portugus Platform Solutions Resources Customers Company Why OneTrust [16] But the Attorney Generals ability to bring an enforcement action appears to be conditioned on a referral from the Division: Upon referral from the division, the attorney general may initiate an enforcement action against a controller or processor for a violation of this chapter.[17], Prior to bringing an enforcement action, the Attorney General must notify the controller or processor of the potential violation. 3/8/2022. The Division can take administrative action against companies that have violated the law, however, the Division cannot act as your private attorney. This blog post discusses some of the UCPAs key provisions. If the Division has reasonable cause to believe that substantial evidence exists in support of a violation of the UCPA, the Division shall refer to the matter to the Attorney General. Any testimonial or endorsement on this profile does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The UCPA continues the trend in state data privacy laws of explicitly disavowing a private right of action. Below is a summary of the UCPA. Utah recently became the fourth U.S. State to pass comprehensive data privacy legislation, joining California, Colorado, and Virginia. Is your Wordpress Privacy Policy compliant? The Utah Consumer Privacy Act (UCPA) was signed into law by Governor Spencer Cox on March 24th, 2022, joining a growing list of U.S. states with comprehensive . 3/8/2022. Portions of this blog may constitute attorney advertising. March 8, 2022 The Utah Consumer Privacy Act ("UCPA" or the "Act") is on its way to the Governor's desk. The effective date is December 31, 2023. Prior results do not guarantee a similar outcome. Labor law, Lawyer, Attorney at law. The law goes into effect Dec. 31, 2023. The bill was signed by Gov. Legislative Research and General Counsel / Enrolling. Home > Privacy > Utah Consumer Privacy Act: Fourth US State Enacts Comprehensive Data Privacy Legislation. UCPA applies to controllers (persons doing business in Utah who determines the purposes for which and means by which the personal data is processed, regardless of whether that person makes the determination al one or with others) and processors (persons processing personal data on behalf of a controller) of data. UCPA is a comprehensive privacy bill that shares similarities to the California Consumer Privacy Act (CCPA). The cookie is used to store the user consent for the cookies in the category "Performance". 20-303 (Mar. Read more about the Utah Consumer Privacy Act with Transcend in this blog post. [17] But the Attorney Generals ability to bring an enforcement action appears to be conditioned on a referral from the Division: Upon referral from the division, the attorney general may initiate an enforcement action against a controller or processor for a violation of this chapter.[18], Prior to bringing an enforcement action, the Attorney General must notify the controller or processor of the potential violation. Latham & Watkins LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Utah enacts data privacy legislation in the mold of California, Colorado, and Virginia, but with less onerous requirements for businesses, in what is expected to be a model for more states going forward. The UCPAs definition of sale largely conforms with the definitions laid out under both the VCDPA and CPA. Analytical cookies are used to understand how visitors interact with the website. This law applies to controllers and processors operating or targeting residents of Utah, with an annual revenue of $25,000,000 or more, and either: Webinar 11/3 at 12pm EDT: Scale & Secure Data with Effective Governance. The Act cleared the State Senate on February 25 and was unanimously approved by the House of Representatives on March 2. The law achieves this purpose by providing the following privacy rights to individuals residing in Utah: Upon receipt of a consumer request to exercise their privacy rights, the business must respond to the consumer within 45 days, though this period can be extended by an additional 45 days if needed. Identify data falling under UCPA and other geographically-based regulations to take appropriate compliance measures. The UCPA marks a slightly different variation, as it appears to have been more directly informed by industry groups such as TechNet and the State Privacy Security Coalition. This cookie is set by GDPR Cookie Consent plugin. Utah has become the fourth U.S. state to enact comprehensive consumer privacy legislation after Gov. As quickly as your organization produces data, Classify360 can classify and take action on it to ensure you are never outside the parameters of UCPA compliance. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. The UCPA then provides the Attorney General with the exclusive authority to enforce the law. Copyright 2022 - Congruity 360, LLC. Unlike the CCPA, the CPA, or the VCDPA, the UCPA does not require data protection assessments for certain data processing activities. In both the VCDPA and CPA, controllers may not process sensitive personal data unless consumers opt in. [15] But the Division has no enforcement authority. On March 24, 2022, Utah Governor Spencer Cox signed the Utah Consumer Privacy Act (UCPA), making Utah the fourth US state to enact comprehensive data privacy legislation. The UCPA does not authorize the Attorney General or the Division to promulgate regulations to supplement the UCPA. Spencer J. Cox on March 24, 2022, Utah has become the fourth state to enact a comprehensive law addressing consumer data privacy, joining California, Colorado and Virginia. The UCPA was introduced on February 17, 2022, and sped through the state legislature, receiving final passage on March 3, 2022. This webinar will present an overview of the CPRA, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, and the Virginia . The Utah Consumer Privacy Act is a 22-page bill that contains requirements for how businesses must handle personal data and gives Utah citizens some consumer rights. Utah is the first state in 2022 to have passed such legislation. Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in France, Italy, Singapore, and the United Kingdom and as an affiliated partnership conducting the practices in Hong Kong and Japan. She is a licensed attorney and Certified Information Privacy Professional. Achieve historical compliance with untouched dark data and maintain ongoing compliance as new data is created by placing Classify360 at the top of your data workflows. In Utah, however, controllers may process sensitive data as long as they provide consumers with clear notice and an opportunity to opt out. Who needs to comply with the Utah Consumer Privacy Act; The Privacy Policy requirements of the Utah Consumer Privacy Act; and, Has annual revenue of $25,000,000 or more; and, During a calendar year, controls or processes the personal data of 100,000 or more Utah residents; or. In this compliance guide, we will discuss the following things that you need to know about this new law: Privacy laws are created to protect individuals and not businesses and thus can have a very broad application, applying to businesses located outside of the state or country in which the laws were enacted. (See, e.g., Virginia Consumer Data Protection Act: Second US State Passes Comprehensive Data Privacy Legislation.). Protected information under the UCPA includes information that is linked or reasonably linkable to an identified or identifiable individual. The UCPA represents the latest in a string of state privacy laws that seek to fill a nationwide gap while Congress continues to debate the merits of a federal data privacy law. On March 24, Gov. This means that the information commonly collected by business websites such as names, emails, phone numbers, IP addresses or physical addresses would all be considered personal data under this law. Spencer Cox, R-Utah, on March 24, 2022. 1. With the recent signing of the Utah Consumer Privacy Act ( UCPA) by Gov. Passed on March 25, 2022, the UCPA is slated to go into . The Act is business-friendly, as it provides no private right of action, but will be enforced through The Utah Attorney General. Latham & Watkins works in cooperation with the Law Firm of Salman M. Al-Sudairi, a limited liability company, in the Kingdom of Saudi Arabia. Under UCPA, businesses that control or process Utah consumers' personal data must uphold new rights afforded to those consumers. The UCPA was introduced on February 17, 2022, and sped through the state legislature, receiving final passage on March 3, 2022.
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