Terms Used In Utah Code > Title 13 > Chapter 61 - Utah Consumer Privacy Act

• Account: means the Consumer Privacy Restricted Account established in Section 13-61-403. See Utah Code 13-61-101
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• Advisory board: means :
       (1)(a) for an agriculture protection area, the agriculture protection area advisory board created as provided in Section 17-41-201;
       (1)(b) for an industrial protection area, the industrial protection area advisory board created as provided in Section 17-41-201; and
       (1)(c) for a critical infrastructure materials protection area, the critical infrastructure materials protection area advisory board created as provided in Section 17-41-201. See Utah Code 17-41-101
• 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
• Agriculture protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
• Air carrier: means the same as that term is defined in Utah Code 13-61-101
• Allegation: something that someone says happened.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under Part 2, Designating an Assessment Area, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
• Assessment method: means the method:
       (6)(a) by which an assessment is levied against benefitted property, whether by frontage, area, taxable value, fair market value, lot, parcel, number of connections, equivalent residential unit, any combination of these methods, or any other method; and
       (6)(b) that, when applied to a benefitted property, accounts for an assessment that meets the requirements of Section 11-42-409. See Utah Code 11-42-102
• Assessment resolution: means a resolution adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authenticate: means to use reasonable means to determine that a consumer's request to exercise the rights described in Section 13-61-201 is made by the consumer who is entitled to exercise those rights. See Utah Code 13-61-101
• 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
• Board: means the Board of Oil, Gas, and Mining created in Section 40-6-4. See Utah Code 17-41-101
• Bond anticipation notes: means notes issued under Section 11-42-602 in anticipation of the issuance of assessment bonds. See Utah Code 11-42-102
• Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102
• 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
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• Contract price: means :
       (15)(a) the cost of acquiring an improvement, if the improvement is acquired; or
       (15)(b) the amount payable to one or more contractors for the design, engineering, inspection, and construction of an improvement. See Utah Code 11-42-102
• 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
• Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-41-101
• Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-41-101
• Critical infrastructure materials protection area: means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deidentified data: includes synthetic data. See Utah Code 13-61-101
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designation ordinance: means an ordinance adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
• Designation resolution: means a resolution adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
• Devise: To gift property by will.
• 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
• Division: means the Division of Oil, Gas, and Mining created in Section 40-6-15. See Utah Code 17-41-101
• Economic promotion activities: means activities that promote economic growth in a commercial area of a local entity, including:
       (19)(a) sponsoring festivals and markets;
       (19)(b) promoting business investment or activities;
       (19)(c) helping to coordinate public and private actions; and
       (19)(d) developing and issuing publications designed to improve the economic well-being of the commercial area. See Utah Code 11-42-102
• 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.
• 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
• Executor: A male person named in a will to carry out the decedent
• Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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}
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means :
       (22)(a) for a county, city, or town, the legislative body of the county, city, or town;
       (22)(b) for a special district, the board of trustees of the special district;
       (22)(c) for a special service district:

            (22)(c)(i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

            (22)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
       (22)(d) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
       (22)(e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and
       (22)(f) for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102
• Governmental entity: means the same as that term is defined in Section 63G-2-103. See Utah Code 13-61-101
• 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
• 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
• Industrial protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
• Institution of higher education: means a public or private institution of higher education. See Utah Code 13-61-101
• 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
• 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 entity: means :
       (31)(a) a county, city, town, special service district, or special district;
       (31)(b) an interlocal entity as defined in Section 11-13-103;
       (31)(c) the military installation development authority, created in Section 63H-1-201;
       (31)(d) a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;
       (31)(e) the Utah Inland Port Authority, created in Section 11-58-201; or
       (31)(f) any other political subdivision of the state. See Utah Code 11-42-102
• Local political subdivision: means the same as that term is defined in Section 11-14-102. See Utah Code 13-61-101
• Mailing address: means :
       (33)(a) a property owner's last-known address using the name and address appearing on the last completed real property assessment roll of the county in which the property is located; and
       (33)(b) if the property is improved property:

            (33)(b)(i) the property's street number; or

            (33)(b)(ii) the post office box, rural route number, or other mailing address of the property, if a street number has not been assigned. See Utah Code 11-42-102
• Mine 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, as of January 1, 2019:
       (13)(a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and
       (13)(b) has produced commercial quantities of a mineral deposit from the mining use. See Utah Code 17-41-101
• Mineral deposit: means the same as that term is defined in Section 40-8-4. See Utah Code 17-41-101
• 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.
• Off-site: means the same as that term is defined in Section 40-8-4. See Utah Code 17-41-101
• On-site: means the same as that term is defined in Section 40-8-4. See Utah Code 17-41-101
• Overhead costs: means the actual costs incurred or the estimated costs to be incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and all other incidental costs. See Utah Code 11-42-102
• 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 :
       (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
• Planning commission: means :
       (21)(a) a countywide planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within the unincorporated part of the county and not within a planning advisory area;
       (21)(b) a planning advisory area planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a planning advisory area; or
       (21)(c) a planning commission of a city or town if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a city or town. See Utah Code 17-41-101
• Political subdivision: means a county, city, town, school district, special district, or special service district. See Utah Code 17-41-101
• 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
• Project engineer: means the surveyor or engineer employed by or the private consulting engineer engaged by a local entity to perform the necessary engineering services for and to supervise the construction or installation of the improvements. See Utah Code 11-42-102
• Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected health information: means the same as that term is defined in Utah Code 13-61-101
• Pseudonymous data: means personal data that cannot be attributed to a specific individual without the use of additional information, if the additional information is:
       (28)(a) kept separate from the consumer's personal data; and
       (28)(b) subject to appropriate technical and organizational measures to ensure that the personal data are not attributable to an identified individual or an identifiable individual. See 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
• Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102
• Right: means a consumer right described in Section 13-61-201. See Utah Code 13-61-101
• 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
• Sensitive data: means :
            (32)(a)(i) personal data that reveals:

                 (32)(a)(i)(A) an individual's racial or ethnic origin;

                 (32)(a)(i)(B) an individual's religious beliefs;

                 (32)(a)(i)(C) an individual's sexual orientation;

                 (32)(a)(i)(D) an individual's citizenship or immigration status; or

                 (32)(a)(i)(E) information regarding an individual's medical history, mental or physical health condition, or medical treatment or diagnosis by a health care professional;
            (32)(a)(ii) the processing of genetic personal data or biometric data, if the processing is for the purpose of identifying a specific individual; or
            (32)(a)(iii) specific geolocation data. 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
• State agency: means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. See Utah Code 17-41-101
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• 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
• Targeted advertising: means displaying an advertisement to a consumer where the advertisement is selected based on personal data obtained from the consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests. 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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
       (37)(a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from the information's disclosure or use; and
       (37)(b) is the subject of efforts that are reasonable under the circumstances to maintain the information's secrecy. See Utah Code 13-61-101
• Trustee: A person or institution holding and administering property in trust.
• Unincorporated: means not within a city or town. See Utah Code 17-41-101
• Vested mining use: means a mining use:
       (26)(a) by a mine operator; and
       (26)(b) that existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use. See Utah Code 17-41-101
• Voluntary assessment area: means an assessment area that contains only property whose owners have voluntarily consented to an assessment. See Utah Code 11-42-102
• 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