Terms Used In Utah Code > Title 63A > Chapter 19 - Government Data Privacy Act

• 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.
• Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
• Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
• 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.
• articles of incorporation: means :
       (11)(a) the original articles;
       (11)(b) a special law;
       (11)(c) a charter;
       (11)(d) an amendment;
       (11)(e) restated articles;
       (11)(f) articles of merger or consolidation;
       (11)(g) a trust instrument;
       (11)(h) another constitutive document for a trust or other entity that is not a corporation; and
       (11)(i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
• Certificate: means evidence of insurance given to:
       (23)(a) an insured under a group insurance policy; or
       (23)(b) a third party. See Utah Code 31A-1-301
• Chief privacy officer: means the individual appointed under Section 63A-19-302. See Utah Code 63A-19-101
• Commission: means the Utah Privacy Commission established in Section 63C-24-102. See Utah Code 63A-19-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
• Cyber Center: means the Utah Cyber Center created in Section 63A-16-1102. See Utah Code 63A-19-101
• Data breach: means the unauthorized access, acquisition, disclosure, loss of access, or destruction of personal data held by a governmental entity, unless the governmental entity concludes, according to standards established by the Cyber Center, that there is a low probability that personal data has been compromised. See Utah Code 63A-19-101
• Department: means the Department of Government Operations. See Utah Code 63A-1-103
• Designated governmental entity: means the same as that term is defined in Section 67-3-13. See Utah Code 63A-19-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
• Filing: when used as a noun, means an item required to be filed with the department including:
       (70)(a) a policy;
       (70)(b) a rate;
       (70)(c) a form;
       (70)(d) a document;
       (70)(e) a plan;
       (70)(f) a manual;
       (70)(g) an application;
       (70)(h) a report;
       (70)(i) a certificate;
       (70)(j) an endorsement;
       (70)(k) an actuarial certification;
       (70)(l) a licensee annual statement;
       (70)(m) a licensee renewal application;
       (70)(n) an advertisement;
       (70)(o) a binder; or
       (70)(p) an outline of coverage. See Utah Code 31A-1-301
• Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
• Governing board: means the Utah Privacy Governing Board established in Section 63A-19-201. See Utah Code 63A-19-101
• Governmental entity: means the same as that term is defined in Section 63G-2-103. See Utah Code 63A-19-101
• Individual: means the same as that term is defined in Section 63G-2-103. See Utah Code 63A-19-101
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• 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.
• Legal guardian: means :
       (10)(a) the parent of a minor; or
       (10)(b) an individual appointed by a court to be the guardian of a minor or incapacitated person and given legal authority to make decisions regarding the person or property of the minor or incapacitated person. See Utah Code 63A-19-101
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
• Office: means the Office of Data Privacy created in Section 63A-19-301. See Utah Code 63A-19-101
• Ombudsperson: means the data privacy ombudsperson appointed under Section 63A-19-501. See Utah Code 63A-19-101
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• 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
• 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 can be reasonably linked to an identified individual or an identifiable individual. See Utah Code 63A-19-101
• Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• processing: means any operation or set of operations performed on personal data, including collection, recording, organization, structuring, storage, adaptation, alteration, access, retrieval, consultation, use, disclosure by transmission, transfer, dissemination, alignment, combination, restriction, erasure, or destruction. See Utah Code 63A-19-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Quorum: The number of legislators that must be present to do business.
• Record: means the same as that term is defined in Section 63G-2-103. See Utah Code 63A-19-101
• Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
• Retention schedule: means a governmental entity's schedule for the retention or disposal of records that has been approved by the Records Management Committee pursuant to Section 63A-12-113. See Utah Code 63A-19-101
• Security: means a:
            (176)(a)(i) note;
            (176)(a)(ii) stock;
            (176)(a)(iii) bond;
            (176)(a)(iv) debenture;
            (176)(a)(v) evidence of indebtedness;
            (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
            (176)(a)(vii) collateral-trust certificate;
            (176)(a)(viii) preorganization certificate or subscription;
            (176)(a)(ix) transferable share;
            (176)(a)(x) investment contract;
            (176)(a)(xi) voting trust certificate;
            (176)(a)(xii) certificate of deposit for a security;
            (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
            (176)(a)(xiv) commodity contract or commodity option;
            (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
            (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
• Sell: means an exchange of personal data for monetary consideration by a governmental entity to a third party. See Utah Code 63A-19-101
• 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 the following entities that are under the direct supervision and control of the governor or the lieutenant governor:
            (19)(a)(i) a department;
            (19)(a)(ii) a commission;
            (19)(a)(iii) a board;
            (19)(a)(iv) a council;
            (19)(a)(v) an institution;
            (19)(a)(vi) an officer;
            (19)(a)(vii) a corporation;
            (19)(a)(viii) a fund;
            (19)(a)(ix) a division;
            (19)(a)(x) an office;
            (19)(a)(xi) a committee;
            (19)(a)(xii) an authority;
            (19)(a)(xiii) a laboratory;
            (19)(a)(xiv) a library;
            (19)(a)(xv) a bureau;
            (19)(a)(xvi) a panel;
            (19)(a)(xvii) another administrative unit of the state; or
            (19)(a)(xviii) an agent of an entity described in Subsections (19)(a)(i) through (xvii). See Utah Code 63A-19-101
• State privacy officer: means the individual described in Section 67-3-13. See Utah Code 63A-19-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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