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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Abuse of Personal Identity Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ allows an individual's lawfully obtained personal information or public data to be
13 used to preview, advertise, or promote the sale of a product, service, or subscription,
14 provided that the use of the personal information or public data does not imply that
15 the individual endorses or approves of the product, service, or subscription.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 45-3-3, as last amended by Laws of Utah 1999, Chapter 146
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 45-3-3 is amended to read:
26 45-3-3. Acts constituting abuse -- Permitting prosecution.
27 (1) Except for purposes of the criminal penalty in Section 76-9-407, the personal
28 identity of an individual is abused if:
29 (a) an advertisement is published in which the personal identity of that individual is
30 used in a manner which expresses or implies that the individual approves, endorses, has
31 endorsed, or will endorse the specific subject matter of the advertisement; and
32 (b) consent has not been obtained for such use from the individual, or if the individual
33 is a minor, then consent of one of the minor's parents or consent of the minor's legally
34 appointed guardian.
35 (2) Nothing in this part prohibits prosecution of abuse of personal identity under
36 Section 76-9-407.
37 (3) The personal identity of an individual is not abused if the individual's personal data
38 or publicly available information:
39 (a) was lawfully obtained;
40 (b) is used to preview, advertise, or promote the sale of a product, service, or
41 subscription, including the sale of a product, service, or subscription of which the individual's
42 personal data or publicly available information is or may be a part; and
43 (c) is not used in a way that expresses or implies that the individual approves, endorses,
44 has endorsed, or will endorse the product, service, or subscription being previewed, advertised,
45 or promoted.