§ 13-61-101 Definitions
§ 13-61-102 Applicability
§ 13-61-103 Preemption — Reference to other laws

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Terms Used In Utah Code > Title 13 > Chapter 61 > Part 1 - General Provisions

  • Account: means the Consumer Privacy Restricted Account established in Section 13-61-403. See Utah Code 13-61-101
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affiliate: means an entity that:
         (2)(a) controls, is controlled by, or is under common control with another entity; or
         (2)(b) shares common branding with another entity. See Utah Code 13-61-101
  • Aggregated data: means information that relates to a group or category of consumers:
         (3)(a) from which individual consumer identities have been removed; and
         (3)(b) that is not linked or reasonably linkable to any consumer. See Utah Code 13-61-101
  • Air carrier: means the same as that term is defined in Utah Code 13-61-101
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Biometric data: includes data described in Subsection (6)(a) that are generated by automatic measurements of an individual's fingerprint, voiceprint, eye retinas, irises, or any other unique biological pattern or characteristic that is used to identify a specific individual. See Utah Code 13-61-101
  • Business associate: means the same as that term is defined in Utah Code 13-61-101
  • Child: means an individual younger than 13 years old. See Utah Code 13-61-101
  • Consent: means an affirmative act by a consumer that unambiguously indicates the consumer's voluntary and informed agreement to allow a person to process personal data related to the consumer. See Utah Code 13-61-101
  • Consumer: means an individual who is a resident of the state acting in an individual or household context. See Utah Code 13-61-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Controller: means a person doing business in the state who determines the purposes for which and the means by which personal data are processed, regardless of whether the person makes the determination alone or with others. See Utah Code 13-61-101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County executive: means :
         (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
         (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Covered entity: means the same as that term is defined in Utah Code 13-61-101
  • Deidentified data: includes synthetic data. See Utah Code 13-61-101
  • Director: means the director of the Division of Consumer Protection. See Utah Code 13-61-101
  • Division: means the Division of Consumer Protection created in Section 13-2-1. See Utah Code 13-61-101
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
         (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
         (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Governmental entity: means the same as that term is defined in Section 63G-2-103. See Utah Code 13-61-101
  • Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 13-61-101
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 13-61-101
  • Identifiable individual: means an individual who can be readily identified, directly or indirectly. See Utah Code 13-61-101
  • Institution of higher education: means a public or private institution of higher education. See Utah Code 13-61-101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
         (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
         (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Local political subdivision: means the same as that term is defined in Section 11-14-102. See Utah Code 13-61-101
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Personal data: means information that is linked or reasonably linkable to an identified individual or an identifiable individual. See Utah Code 13-61-101
  • Process: means an operation or set of operations performed on personal data, including collection, use, storage, disclosure, analysis, deletion, or modification of personal data. See Utah Code 13-61-101
  • Processor: means a person who processes personal data on behalf of a controller. See Utah Code 13-61-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Protected health information: means the same as that term is defined in Utah Code 13-61-101
  • Publicly available information: means information that a person:
         (29)(a) lawfully obtains from a record of a governmental entity;
         (29)(b) reasonably believes a consumer or widely distributed media has lawfully made available to the general public; or
         (29)(c) if the consumer has not restricted the information to a specific audience, obtains from a person to whom the consumer disclosed the information. See Utah Code 13-61-101
  • Right: means a consumer right described in Section 13-61-201. See Utah Code 13-61-101
  • sold: means the exchange of personal data for monetary consideration by a controller to a third party. See Utah Code 13-61-101
  • Specific geolocation data: means information derived from technology, including global position system level latitude and longitude coordinates, that directly identifies an individual's specific location, accurate within a radius of 1,750 feet or less. See Utah Code 13-61-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Synthetic data: means data that has been generated by computer algorithms or statistical models and does not contain personal data. See Utah Code 13-61-101
  • Third party: means a person other than:
         (36)(a) the consumer, controller, or processor; or
         (36)(b) an affiliate or contractor of the controller or the processor. See Utah Code 13-61-101