Utah Code > Title 13 > Chapter 44 – Protection of Personal Information Act

		Sections
Part 1	General Provisions	13-44-101 – 13-44-103
Part 2	Protection of Personal Information	13-44-201 – 13-44-202
Part 3	Enforcement	13-44-301

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code > Title 13 > Chapter 44 - Protection of Personal Information Act

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adversely affected party: means a person other than a land use applicant who:
(2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or
(2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 17-27a-103
Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified property owner, property owner's association, public utility, or the Department of Transportation, if:
     (3)(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
     (3)(b) the entity has filed with the county a copy of the entity's general or long-range plan; or
     (3)(c) the entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 17-27a-103
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103
Breach of system security: means an unauthorized acquisition of computerized data maintained by a person that compromises the security, confidentiality, or integrity of personal information. See Utah Code 13-44-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
(10)(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(10)(b) Utah Constitution, Article I, Section 22. See Utah Code 17-27a-103
Consumer: means a natural person. See Utah Code 13-44-102
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
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 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
County utility easement: means an easement that:
     (11)(a) a plat recorded in a county recorder's office described as a county utility easement or otherwise as a utility easement;
     (11)(b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
     (11)(c) the county or the county's affiliated governmental entity owns or creates; and
     (11)(d)
          (11)(d)(i) either:
               (11)(d)(i)(A) no person uses or occupies; or
               (11)(d)(i)(B) the county or the county's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; or
          (11)(d)(ii) a person uses or occupies with or without an authorized franchise or other agreement with the county. See Utah Code 17-27a-103
Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-27a-1001
Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-27a-1001
Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
(3)(a) owns, controls, or manages a critical infrastructure materials operations; and
(3)(b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 17-27a-1001
Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 17-27a-103
Deed: The legal instrument used to transfer title in real property from one person to another.
Department: means the Insurance Department. See Utah Code 31A-1-301
Development activity: means :
     (13)(a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
     (13)(b) any change in use of a building or structure that creates additional demand and need for public facilities; or
     (13)(c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 17-27a-103
Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-103
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Drug: means a substance that is:
          (1)(a)(i)
               (1)(a)(i)(A) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans; and
               (1)(a)(i)(B) recognized in or in a supplement to the official United States Pharmacopoeia, the Homeopathic Pharmacopoeia of the United States, or the official National Formulary;
          (1)(a)(ii) required by an applicable federal or state law or rule to be dispensed by prescription only;
          (1)(a)(iii) restricted to administration by practitioners only;
          (1)(a)(iv) a substance other than food intended to affect the structure or a function of the human body; or
          (1)(a)(v) intended for use as a component of a substance described in Subsection (1)(a)(i), (ii), (iii), or (iv). See Utah Code 31A-48-102
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fiduciary: A trustee, executor, or administrator.
Financial institution: means the same as that term is defined in Utah Code 13-44-102
Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 17-27a-103
Form: means one of the following prepared for general use:
          (74)(a)(i) a policy;
          (74)(a)(ii) a certificate;
          (74)(a)(iii) an application;
          (74)(a)(iv) an outline of coverage; or
          (74)(a)(v) an endorsement. See Utah Code 31A-1-301
Fraud: Intentional deception resulting in injury to another.
General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of:
(20)(a) the unincorporated land within the county; or
(20)(b) for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103
Geologic hazard: means :
     (21)(a) a surface fault rupture;
     (21)(b) shallow groundwater;
     (21)(c) liquefaction;
     (21)(d) a landslide;
     (21)(e) a debris flow;
     (21)(f) unstable soil;
     (21)(g) a rock fall; or
     (21)(h) any other geologic condition that presents a risk:
          (21)(h)(i) to life;
          (21)(h)(ii) of substantial loss of real property; or
          (21)(h)(iii) of substantial damage to real property. See Utah Code 17-27a-103
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(26)(a) recording a subdivision plat; or
(26)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 17-27a-103
Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
(27)(a) complies with the county's written standards for design, materials, and workmanship; and
(27)(b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 17-27a-103
Improvement warranty period: means a period:
     (28)(a) no later than one year after a county's acceptance of required landscaping; or
     (28)(b) no later than one year after a county's acceptance of required infrastructure, unless the county:
          (28)(b)(i) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and
          (28)(b)(ii) has substantial evidence, on record:
               (28)(b)(ii)(A) of prior poor performance by the applicant; or
               (28)(b)(ii)(B) that the area upon which the infrastructure will be constructed contains suspect soil and the county has not otherwise required the applicant to mitigate the suspect soil. See Utah Code 17-27a-103
Individual: means a natural person. See Utah Code 31A-1-301
Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
     (29)(a) is required for human consumption; and
     (29)(b) an applicant must install:
          (29)(b)(i) in accordance with published installation and inspection specifications for public improvements; and
          (29)(b)(ii) as a condition of:
               (29)(b)(ii)(A) recording a subdivision plat;
               (29)(b)(ii)(B) obtaining a building permit; or
               (29)(b)(ii)(C) developing a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 17-27a-103
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Insurer: means the same as that term is defined in Section 31A-22-634. See Utah Code 31A-48-102
Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
     (30)(a) runs with the land; and
     (30)(b)
          (30)(b)(i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or
          (30)(b)(ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 17-27a-103
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 17-27a-103
Land use authority: means :
(35)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(35)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
     (36)(a) a land use permit;
     (36)(b) a land use application; or
     (36)(c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103
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
Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 17-27a-608:
(41)(a)(i) whether or not the lots are located in the same subdivision; and
(41)(a)(ii) with the consent of the owners of record. See Utah Code 17-27a-103
Manufacturer: means a person that is engaged in the manufacturing of a drug that is available for purchase by residents of the state. See Utah Code 31A-48-102
Mountainous planning district: means an area designated by a county legislative body in accordance with Section 17-27a-901. See Utah Code 17-27a-103
Nonconforming use: means a use of land that:
     (48)(a) legally existed before the current land use designation;
     (48)(b) has been maintained continuously since the time the land use ordinance regulation governing the land changed; and
     (48)(c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 17-27a-103
Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
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
Person: includes :
     (146)(a) an individual;
     (146)(b) a partnership;
     (146)(c) a corporation;
     (146)(d) an incorporated or unincorporated association;
     (146)(e) a joint stock company;
     (146)(f) a trust;
     (146)(g) a limited liability company;
     (146)(h) a reciprocal;
     (146)(i) a syndicate; or
     (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Personal information: means a person's first name or first initial and last name, combined with any one or more of the following data elements relating to that person when either the name or date element is unencrypted or not protected by another method that renders the data unreadable or unusable:
          (4)(a)(i) Social Security number;
          (4)(a)(ii)
               (4)(a)(ii)(A) financial account number, or credit or debit card number; and
               (4)(a)(ii)(B) any required security code, access code, or password that would permit access to the person's account; or
          (4)(a)(iii) driver license number or state identification card number. See Utah Code 13-44-102
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103
Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103
Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 17-27a-103
Quorum: The number of legislators that must be present to do business.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
Record: includes materials maintained in any form, including paper and electronic. See Utah Code 13-44-102
Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 17-27a-103
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 17-27a-103
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
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
State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
Subdivision: includes :
(73)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
(73)(b)(ii) except as provided in Subsection (73)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103
Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 17-27a-608 that:
          (74)(a)(i) vacates all or a portion of the subdivision;
          (74)(a)(ii) alters the outside boundary of the subdivision;
          (74)(a)(iii) changes the number of lots within the subdivision;
          (74)(a)(iv) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
          (74)(a)(v) alters a common area or other common amenity within the subdivision. See Utah Code 17-27a-103
Subpoena: A command to a witness to appear and give testimony.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trustee: A person or institution holding and administering property in trust.
Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Venue: The geographical location in which a case is tried.
Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the county that existed or was conducted or otherwise engaged in before:
(4)(a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and
(4)(b) January 1, 2019. See Utah Code 17-27a-1001
Wholesale acquisition cost: means the same as that term is defined in Utah Code 31A-48-102
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5