7 LONG TITLE
8 General Description:
9 This bill enacts provisions prohibiting certain actions in relation to a social credit score.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ prohibits a person from directly or indirectly using, enforcing, providing data for use
14 in, or otherwise participating in the creation or use of a system that based on a social
15 credit score discriminates against, advocates for, or causes adverse treatment of a
17 ▸ prohibits a financial institution from collecting, evaluating, reporting, or
18 maintaining in records of a person the credit worthiness, credit standing, or credit
19 capacity of members of the person's social network for purposes of determining the
20 credit worthiness of the person;
21 ▸ empowers the attorney general to enforce provisions related to social credit scores;
22 ▸ establishes a civil cause of action for a person injured by a prohibited act related to a
23 social credit score; and
24 ▸ makes technical and conforming changes.
25 Money Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 13-61-101, Utah Code Annotated 1953
32 13-61-201, Utah Code Annotated 1953
33 13-61-202, Utah Code Annotated 1953
34 13-61-301, Utah Code Annotated 1953
35 13-61-302, Utah Code Annotated 1953
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 13-61-101 is enacted to read:
41 13-61-101. Definitions.
42 (1) "Employer" means:
43 (a) the state;
44 (b) a county, city, town, and school district in the state; and
45 (c) a person, including a public utility, having one or more workers or operatives
46 regularly employed in the same business, or in or about the same establishment, under a
47 contract of hire.
48 (2) "Financial institution" means the same as that term is defined in Section 7-1-103.
49 (3) "Governmental entity" means the same as that term is defined in Section
51 (4) "Members of a person's social network" means the people a person authorizes as
52 part of the person's social media communications and network.
53 (5) "Place of public accommodation" means the same as that term is defined in Section
55 (6) "Social credit score" means a numeric, alphanumeric, or alphabetic value or other
56 categorization assigned to a person based on a subjective or arbitrary behavior, action, or
57 standard, including:
58 (a) compliance with government or bureaucratic guidance;
59 (b) compliance with a regulatory standard;
60 (c) a social media post;
61 (d) participation or membership in a club, association, or union;
62 (e) political affiliation;
63 (f) who the person's employer is; and
64 (g) who the members of the person's social network are.
65 Section 2. Section 13-61-201 is enacted to read:
67 13-61-201. General prohibition regarding social credit score.
68 A person, including a governmental entity, an employer, a financial institution, and a
69 place of public accommodation, may not directly nor indirectly use, enforce, provide data for
70 use in, or otherwise participate in the creation or use of a system that based on a social credit
71 score discriminates against, advocates for, or causes adverse treatment of a person.
72 Section 3. Section 13-61-202 is enacted to read:
73 13-61-202. Prohibition regarding members of a person's social network.
74 A financial institution may not collect, evaluate, report, or maintain in records of a
75 person the credit worthiness, credit standing, or credit capacity of members of the person's
76 social network for purposes of determining the credit worthiness of the person.
77 Section 4. Section 13-61-301 is enacted to read:
79 13-61-301. Attorney general enforcement.
80 (1) The attorney general may enforce the provisions of this chapter.
81 (2) Except as provided in Subsection (3), the attorney general may seek in an action
82 brought under this chapter:
83 (a) damages on behalf of a person suffering loss because of a violation of this chapter;
84 (b) reasonable costs of investigation and litigation, including attorney fees; and
85 (c) relief not described in Subsections (2)(a) and (b), as the court determines proper.
86 (3) In an action against a governmental entity for a violation of this chapter, the
87 attorney general may seek:
88 (a) injunctive relief; and
89 (b) reasonable costs of investigation and litigation, including attorney fees.
90 Section 5. Section 13-61-302 is enacted to read:
91 13-61-302. Civil action.
92 (1) Except as provided in Subsection (2), a person injured because of a violation of this
93 chapter may bring a civil action against the person who violated this chapter for:
94 (a) injunctive relief;
95 (b) damages; and
96 (c) relief not described in Subsections (1)(a) and (b), as the court determines proper.
97 (2) A person injured because of a governmental entity's violation of this chapter may
98 bring a civil action against the governmental entity for injunctive relief.
99 (3) A court shall award attorney fees and costs to a person who prevails in an action
100 brought under Subsection (1) or (2).