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ABUSE OF PERSONAL IDENTITY ACT AMENDMENTS

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2023 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Ryan D. Wilcox

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Senate Sponsor: Kirk A. Cullimore

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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
23     

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.