Utah Code 35A-4-312.5. Suspected misuse of personal identifying information
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 35A-4-312.5
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- 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
- wages: means wages as currently defined by Section 3306(b), Internal Revenue Code of 1986, with modifications, subtractions, and adjustments provided in Subsections (2), (3), and (4). See Utah Code 35A-4-208
(1)(a) “Child identity protection plan” is a program operated by the attorney general that uses IRIS and allows the attorney general to enter into an agreement with a third party to transmit verified personal information of a person younger than 18 years of age through secured means to enable the protection of the person’s Social Security number from misuse.
(1)(b) “IRIS” means the Identity Theft Reporting Information System operated by the attorney general.
(1)(c) “Personal identifying information” has the same meaning as defined in Section 76-6-1101.
(1)(d) “Suspected misuse of personal identifying information” includes:
(1)(d)(i) a social security number under which wages are being reported by two or more individuals; or
(1)(d)(ii) a social security number of an individual under the age of 18 with reported wages exceeding $1,000 for a single reporting quarter.
(2) Notwithstanding Section 35A-4-312, if the department records disclose a suspected misuse of personal identifying information by an individual other than the purported owner of the information, or if a parent, guardian, or individual under the age of 18 is enrolling or has enrolled in the child identity protection plan, the department may:
(2)(a) inform the purported owner of the information or, if the purported owner is a minor, the minor’s parent or guardian, of the suspected misuse; and
(2)(b) provide information of the suspected misuse to an appropriate law enforcement agency responsible for investigating an identity fraud violation.