1     
DATA PRIVACY AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson Moss

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the Government Data Privacy Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     describes governmental entity duties related to personal data privacy, including:
14               •     breach notification;
15               •     limits on data collection and use; and
16               •     the ability to correct and access personal data;
17          ▸     creates the state data privacy policy that outlines the broad data privacy goals for the
18     state;
19          ▸     creates the Utah Privacy Governing Board to recommend changes in the state data
20     privacy policy;
21          ▸     establishes the Office of Data Privacy to coordinate implementation of privacy
22     protections; and
23          ▸     renames the Personal Privacy Oversight Commission to the Utah Privacy
24     Commission (commission) and amends the commission's duties.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:

28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          63A-12-115, as enacted by Laws of Utah 2023, Chapter 173
32          63C-24-101, as enacted by Laws of Utah 2021, Chapter 155
33          63C-24-102, as last amended by Laws of Utah 2023, Chapter 16
34          63C-24-201, as enacted by Laws of Utah 2021, Chapter 155
35          63C-24-202, as last amended by Laws of Utah 2023, Chapter 173
36          67-3-13, as last amended by Laws of Utah 2023, Chapters 16, 173 and 435
37     ENACTS:
38          63A-19-101, Utah Code Annotated 1953
39          63A-19-102, Utah Code Annotated 1953
40          63A-19-201, Utah Code Annotated 1953
41          63A-19-202, Utah Code Annotated 1953
42          63A-19-301, Utah Code Annotated 1953
43          63A-19-302, Utah Code Annotated 1953
44          63A-19-401, Utah Code Annotated 1953
45          63A-19-402, Utah Code Annotated 1953
46          63A-19-403, Utah Code Annotated 1953
47          63A-19-404, Utah Code Annotated 1953
48          63A-19-405, Utah Code Annotated 1953
49          63A-19-406, Utah Code Annotated 1953
50          63A-19-501, Utah Code Annotated 1953
51          63A-19-601, Utah Code Annotated 1953
52     REPEALS:
53          67-1-17, as last amended by Laws of Utah 2023, Chapter 173
54     

55     Be it enacted by the Legislature of the state of Utah:
56          Section 1. Section 63A-12-115 is amended to read:
57          63A-12-115. Privacy annotation for records series -- Requirements -- Content.
58          (1) (a) Before January 1, [2026] 2027, an executive branch agency shall, for each

59     record series that the executive branch agency collects, maintains, or uses, evaluate the record
60     series and make a privacy annotation that completely and accurately complies with Subsection
61     (2) and the rules described in Subsection 63A-12-104(2)(e).
62          (b) Beginning on January 1, [2026] 2027, an executive branch agency may not collect,
63     maintain, or use personal identifying information unless the record series for which the
64     personal identifying information is collected, maintained, or used includes a privacy annotation
65     that completely and accurately complies with Subsection (2) and the rules described in
66     Subsection 63A-12-104(2)(e).
67          (2) A privacy annotation shall include the following:
68          (a) if the record series does not include personal identifying information, a statement
69     indicating that the record series does not include personal identifying information; or
70          (b) if the record series includes personal identifying information:
71          (i) an inventory of the personal identifying information included in the record series;
72     and
73          (ii) for the personal identifying information described in Subsection (2)(b)(i):
74          (A) the purpose for which the executive branch agency collects, keeps, or uses the
75     personal identifying information;
76          (B) a citation to the executive branch agency's legal authority for collecting, keeping, or
77     using the personal identifying information; and
78          (C) any other information required by state archives by rule under Subsection
79     63A-12-104(2)(e).
80          Section 2. Section 63A-19-101 is enacted to read:
81     
CHAPTER 19. GOVERNMENT DATA PRIVACY ACT

82     
Part 1. General Provisions -- State Data Privacy Policy

83          63A-19-101. Definitions.
84          As used in this chapter:
85          (1) "Chief privacy officer" means the individual appointed under Section 63A-19-302.
86          (2) "Commission" means the Utah Privacy Commission established in Section
87     63C-24-102.
88          (3) "Cyber Center" means the Utah Cyber Center created in Section 63A-16-510.
89          (4) "Data breach" means the unauthorized access, acquisition, disclosure, loss of

90     access, or destruction of personal data held by a governmental entity, unless the governmental
91     entity concludes, according to standards established by the Cyber Center, that there is a low
92     probability that personal data has been compromised.
93          (5) "Designated government entity" means the same as that term is defined in Section
94     67-3-13.
95          (6) "Governing board" means the Utah Privacy Governing Board established in Section
96     63A-19-201.
97          (7) "Governmental entity" means the same as that term is defined in Section
98     63G-2-103.
99          (8) "High risk processing activities" means a governmental entity's processing of
100     personal data that may result in a significant compromise to an individual's privacy interests,
101     based on factors that include:
102          (a) the sensitivity of the personal data processed;
103          (b) the amount of personal data being processed;
104          (c) the individual's ability to consent to the processing of personal data; and
105          (d) risks of unauthorized access or use.
106          (9) "Legal guardian" means:
107          (a) the parent of a minor; or
108          (b) an individual appointed by a court to be the guardian of a minor or incapacitated
109     person and given legal authority to make decisions regarding the person or property of the
110     minor or incapacitated person.
111          (10) "Office" means the Office of Data Privacy created in Section 63A-19-301.
112          (11) "Ombudsman" means the data privacy ombudsman appointed under Section
113     63A-19-501.
114          (12) "Personal data" means information that is linked or can be reasonably linked to an
115     identified individual or an identifiable individual.
116          (13) "Process" means any operation or set of operations performed on personal data,
117     including collection, recording, organization, structuring, storage, adaptation, alteration, access,
118     retrieval, consultation, use, disclosure by transmission, transfer, dissemination, alignment,
119     combination, restriction, erasure, or destruction.
120          (14) "Record" means the same as that term is defined in Section 63G-2-103.

121          (15) "Record series" means the same as that term is defined in Section 63G-2-103.
122          (16) "Retention schedule" means a governmental entity's schedule for the retention or
123     disposal of records that has been approved by the Records Management Committee pursuant to
124     Section 63A-12-113.
125          (17) (a) "Sell" means an exchange of personal data for monetary consideration by a
126     governmental entity to a third party.
127          (b) "Sell" does not include a fee charged by a governmental entity for access to a record
128     as defined in Section 63G-2-203.
129          (18) (a) "State agency" means the following entities that are under the direct
130     supervision and control of the governor or the lieutenant governor:
131          (i) a department;
132          (ii) a commission;
133          (iii) a board;
134          (iv) a council;
135          (v) an institution;
136          (vi) an officer;
137          (vii) a corporation;
138          (viii) a fund;
139          (ix) a division;
140          (x) an office;
141          (xi) a committee;
142          (xii) an authority;
143          (xiii) a laboratory;
144          (xiv) a library;
145          (xv) a bureau;
146          (xvi) a panel;
147          (xvii) another administrative unit of the state; or
148          (xviii) an agent of an entity described in Subsections (18)(a)(i) through (xvii).
149          (b) "State agency" does not include:
150          (i) the legislative branch;
151          (ii) the judicial branch;

152          (iii) an executive branch agency within the Office of the Attorney General, the state
153     auditor, the state treasurer, or the State Board of Education; or
154          (iv) an independent entity.
155          (c) "State privacy officer" means the individual described in Section 67-3-13.
156          Section 3. Section 63A-19-102 is enacted to read:
157          63A-19-102. State data privacy policy.
158          It is the policy of Utah that:
159          (1) an individual has a fundamental interest in and inherent expectation of privacy
160     regarding the personal data that the individual provides to a governmental entity;
161          (2) a governmental entity shall act in a manner respecting personal data provided to the
162     governmental entity that is consistent with the interests and expectations described in
163     Subsection (1);
164          (3) the state shall encourage innovation to enhance the ability of a governmental entity
165     to:
166          (a) protect the privacy of an individual's personal data;
167          (b) provide clear notice to an individual regarding the processing of the individual's
168     personal data;
169          (c) process personal data only for specified, lawful purposes and only process the
170     minimum amount of an individual's personal data necessary to achieve those purposes;
171          (d) implement appropriate consent mechanisms regarding the uses of an individual's
172     personal data;
173          (e) provide an individual with the ability to access, control, and request corrections to
174     the individual's personal data held by a governmental entity;
175          (f) maintain appropriate safeguards to protect the confidentiality, integrity, and
176     availability of personal data;
177          (g) account for compliance with privacy related laws, rules, and regulations that are
178     specific to a particular governmental entity, program, or personal data; and
179          (h) meet a governmental entity's and an individual's business and service needs;
180          (4) the state shall promote training and education programs for employees of
181     governmental entities focused on:
182          (a) data privacy best practices, obligations, and responsibilities; and

183          (b) the overlapping relationship with privacy, records management, and security; and
184          (5) the state shall promote consistent terminology in data privacy requirements across
185     governmental entities.
186          Section 4. Section 63A-19-201 is enacted to read:
187     
Part 2. Utah Privacy Governing Board

188          63A-19-201. Utah Privacy Governing Board.
189          (1) There is created the Utah Privacy Governing Board.
190          (2) The governing board shall be composed of five members as follows:
191          (a) the governor, or the governor's designee;
192          (b) the president of the Senate, or the president's designee;
193          (c) the speaker of the House of Representatives, or the speaker's designee;
194          (d) the attorney general, or the attorney general's designee; and
195          (e) the state auditor, or the state auditor's designee.
196          (3) (a) A majority of the members of the governing board is a quorum.
197          (b) The action of a majority of a quorum constitutes an action of the governing board.
198          (4) The governor, or the governor's designee is chair of the governing board.
199          (5) The governing board shall meet at least two times a year.
200          (6) The governing board may recommend specific matters to the state auditor under
201     Section 63A-19-601.
202          (7) The office shall provide staff and support to the governing board.
203          Section 5. Section 63A-19-202 is enacted to read:
204          63A-19-202. Governing board duties.
205          (1) The governing board shall:
206          (a) recommend changes to the state data privacy policy;
207          (b) by July 1 of each year, approve the data privacy agenda items for the commission
208     and make recommendations for additional items for the data privacy agenda;
209          (c) hear issues raised by the ombudsman regarding existing governmental entity
210     privacy practices;
211          (d) evaluate and recommend the appropriate:
212          (i) structure and placement for the office within state government; and
213          (ii) authority to be granted to the office, including any authority to make rules; and

214          (e) recommend funding mechanisms and strategies for governmental entities to enable
215     compliance with data privacy responsibilities, including:
216          (i) appropriations;
217          (ii) rates;
218          (iii) grants; and
219          (iv) internal service funds.
220          (2) In fulfilling the duties under this part, the commission may receive and request
221     input from:
222          (a) governmental entities;
223          (b) elected officials;
224          (c) subject matter experts; and
225          (d) other stakeholders.
226          Section 6. Section 63A-19-301 is enacted to read:
227     
Part 3. Office of Data Privacy

228          63A-19-301. Office of Data Privacy.
229          (1) There is created within the department the Office of Data Privacy.
230          (2) The office shall coordinate with the governing board and the commission to
231     perform the duties in this section.
232          (3) The office shall:
233          (a) create and maintain a strategic data privacy plan to:
234          (i) assist state agencies to implement effective and efficient privacy practices, tools,
235     and systems that:
236          (A) protect the privacy of personal data;
237          (B) comply with laws and regulations specific to the entity, program, or data;
238          (C) empower individuals to protect and control their personal data; and
239          (D) enable information sharing among entities, as allowed by law; and
240          (ii) account for differences in state agency resources, capabilities, populations served,
241     data types, and maturity levels regarding privacy practices;
242          (b) review statutory provisions related to governmental data privacy and records
243     management to:
244          (i) identify conflicts and gaps in data privacy law;

245          (ii) standardize language used for similar privacy processes; and
246          (iii) consult impacted agencies and the attorney general regarding findings and
247     proposed amendments;
248          (c) work with state agencies to study, research, and identify:
249          (i) additional privacy requirements that are feasible for state agencies;
250          (ii) potential remedies and accountability mechanisms for non-compliance of a state
251     agency;
252          (iii) ways to expand individual control and rights with respect to personal data held by
253     state agencies; and
254          (iv) resources needed to develop, implement, and improve privacy programs;
255          (d) monitor high-risk data processing activities within state agencies;
256          (e) receive information from state agencies regarding the sale, sharing, and processing
257     of personal data;
258          (f) coordinate with the Cyber Center to develop an incident response plan for data
259     breaches affecting governmental entities;
260          (g) coordinate with the state archivist to incorporate data privacy practices into records
261     management;
262          (h) coordinate with the state archivist to incorporate data privacy training into the
263     trainings described in Section 63A-12-110; and
264          (i) create a data privacy training program for employees of governmental entities.
265          (4) The data privacy training program described in Subsection (3)(i) shall be made
266     available to all governmental entities, and shall be designed to provide instruction regarding:
267          (a) data privacy best practices, obligations, and responsibilities; and
268          (b) the relationship between privacy, records management, and security.
269          (5) (a) Except as provided in Subsection (5)(b), all employees of state agencies shall be
270     required to complete the data privacy training program described in Subsection (3)(i):
271          (i) within 30 days of beginning employment; and
272          (ii) at least once in each calendar year.
273          (b) An employee of a state agency that does not have access to personal data as part of
274     the employee's work duties is not required to participate in the data privacy training program
275     described in Subsection (3)(i).

276          (c) Each state agency shall be responsible for monitoring completion of data privacy
277     training by the state agency's employees.
278          (6) To the extent that resources permit, the office may provide expertise and assistance
279     to governmental entities for high risk data processing activities.
280          Section 7. Section 63A-19-302 is enacted to read:
281          63A-19-302. Chief privacy officer -- Appointment -- Powers -- Reporting.
282          (1) The governor shall, with the advice and consent of the Senate, appoint a chief
283     privacy officer.
284          (2) The chief privacy officer is the director of the office.
285          (3) The chief privacy officer:
286          (a) shall exercise all powers given to and perform all duties imposed on the office;
287          (b) has administrative authority over the office;
288          (c) may make changes in office personnel and service functions under the chief privacy
289     officer's administrative authority;
290          (d) may authorize a designee to assist with the chief privacy officer's responsibilities;
291     and
292          (e) shall report annually, on or before October 1, to the Judiciary Interim Committee
293     regarding:
294          (i) recommendations for legislation to address data privacy concerns; and
295          (ii) reports received from state agencies regarding the sale or sharing of personal data
296     provided under Subsection 63A-19-401(2)(f)(ii).
297          Section 8. Section 63A-19-401 is enacted to read:
298     
Part 4. Duties of Governmental Entities

299          63A-19-401. Duties of governmental entities.
300          (1) (a) Except as provided in Subsections (1)(b) and (c), a governmental entity shall
301     comply with the requirements of this part.
302          (b) (i) If a governmental entity is subject to a more restrictive or specific provision of
303     law than found in this part, the governmental entity shall comply with the more restrictive or
304     specific provision of law.
305          (ii) For purposes of Subsection (1)(b)(i), Title 63G, Chapter 2, Government Records
306     Access and Management Act, is a more restrictive and specific provision of law.

307          (c) A governmental entity that is exempt under Section 63G-2-702, 63G-2-703, or
308     63G-2-704 from complying with the requirements in Title 63G, Chapter 2, Part 6, Collection of
309     Information and Accuracy of Records, is exempt from complying with the requirements in
310     Sections 63A-10-402, 63A-10-403, and 63A-10-404.
311          (2) A governmental entity:
312          (a) shall implement and maintain a privacy program that includes the governmental
313     entity's policies, practices, and procedures for processing personal data;
314          (b) shall provide notice to an individual or the legal guardian of an individual, if the
315     individual's personal data is affected by a data breach, in accordance with Section 63A-19-405;
316          (c) shall obtain and process only the minimum amount of personal data reasonably
317     necessary to efficiently achieve a specified purpose;
318          (d) shall meet the requirements of this part for all processing activities implemented by
319     a governmental entity after May 1, 2024;
320          (e) shall, for any processing activity implemented before May 1, 2024, that the
321     governmental entity identifies as non-compliant with the requirements of this part:
322          (i) document the non-compliant processing activity; and
323          (ii) prepare a strategy for bringing the processing activity into compliance with this
324     part;
325          (f) may not establish, maintain, or use undisclosed or covert surveillance of individuals
326     unless permitted by law;
327          (g) may not sell personal data unless expressly required by law;
328          (h) may not share personal data unless permitted by law;
329          (i) (i) that is a designated government entity, shall annually report to the state privacy
330     officer:
331          (A) the types of personal data the designated government entity currently shares or
332     sells;
333          (B) the basis for sharing or selling the personal data; and
334          (C) the classes of persons and the governmental entities that receive the personal data
335     from the designated government entity; and
336          (ii) that is a state agency, shall annually report to the chief privacy officer:
337          (A) the types of personal data the state agency currently shares or sells;

338          (B) the basis for sharing or selling the personal data; and
339          (C) the classes of persons and the governmental entities that receive the personal data
340     from the state agency; and
341          (j) (i) except as provided in Subsection (3), require all employees of governmental
342     entities to complete a data privacy training program:
343          (A) within 30 days after beginning employment; and
344          (B) at least once in each calendar year; and
345          (k) is responsible for monitoring and verifying completion of data privacy training by
346     their employees.
347          (3) An employee of a governmental entity that does not have access to personal data of
348     individuals as part of their work duties is not required to participate in a data privacy training
349     program described in Subsection (2)(j)(i).
350          (4) (a) A person that enters into an agreement with a governmental entity and processes
351     or has access to personal data as a part of the person's contractual duties or through the use of a
352     governmental entity's systems, is subject to the requirements of this chapter to the same extent
353     as required of the governmental entity.
354          (b) The requirements under Subsection (4)(a) are in addition to and do not replace any
355     other requirements or liability that may be imposed for the person's violation of other laws
356     protecting privacy rights or government records.
357          Section 9. Section 63A-19-402 is enacted to read:
358          63A-19-402. General governmental privacy requirements -- Personal data request
359     notice.
360          (1) A governmental entity shall provide a personal data request notice to an individual,
361     or the legal guardian of an individual, from whom the governmental entity requests or collects
362     personal data.
363          (2) The personal data request notice described in Subsection (1) shall include:
364          (a) the reasons the individual is asked to provide the personal data;
365          (b) the intended purposes and uses of the personal data;
366          (c) the consequences for refusing to provide the personal data;
367          (d) the classes of persons and entities that:
368          (i) share the personal data with the governmental entity; or

369          (ii) receive the personal data from the governmental entity on a regular or contractual
370     basis; and
371          (e) the record series in which the personal data is or will be included, if applicable.
372          (3) The governmental entity shall provide the personal data request notice by:
373          (a) posting the personal data request notice in a prominent place where the
374     governmental entity collects the personal data;
375          (b) including the personal data request notice as part of any document or form used by
376     the governmental entity to collect the personal data; or
377          (c) conspicuously linking to or displaying a QR code linked to an electronic version of
378     the personal data request notice as part of any document or form used by the governmental
379     entity to collect the personal data.
380          (4) The personal data request notice required by this section is in addition to, and does
381     not supersede, any other notice requirement otherwise applicable to the governmental entity.
382          (5) The governmental entity shall, upon request, provide the personal data request
383     notice to an individual, or the legal guardian of an individual, regarding personal data
384     previously furnished by that individual.
385          (6) The governmental entity may only use personal data furnished by an individual for
386     the purposes identified in the personal data request notice provided to that individual.
387          Section 10. Section 63A-19-403 is enacted to read:
388          63A-19-403. Process to request amendment or correction of personal data.
389          (1) A governmental entity that collects personal data shall provide a process by which
390     an individual or legal guardian of an individual may request an amendment or correction of
391     personal data that has been furnished to the governmental entity.
392          (2) The process by which an individual or legal guardian of an individual may request
393     an amendment or correction shall comply with all applicable laws and regulations to which the
394     personal data at issue and to which the governmental entity is subject.
395          (3) The process to request an amendment or correction described in this section does
396     not obligate the governmental entity to make the requested amendment or correction.
397          Section 11. Section 63A-19-404 is enacted to read:
398          63A-19-404. Retention and disposition of personal data.
399          (1) A governmental entity that collects personal data shall retain and dispose of the

400     personal data in accordance with a documented record retention schedule.
401          (2) Compliance with Subsection (1) does not exempt a governmental entity from
402     complying with other applicable laws or regulations related to retention or disposition of
403     specific personal data held by that governmental entity.
404          Section 12. Section 63A-19-405 is enacted to read:
405          63A-19-405. Data breach notification to the Cyber Center and the Office of the
406     Attorney General.
407          (1) (a) A governmental entity that identifies a data breach affecting 500 or more
408     individuals shall notify the Cyber Center and the attorney general of the data breach.
409          (b) In addition to the notification required by Subsection (1)(a), a governmental entity
410     that identifies the unauthorized access, acquisition, disclosure, loss of access, or destruction of
411     data that compromises the security, confidentiality, availability, or integrity of the computer
412     systems used or information maintained by the governmental entity shall notify the Cyber
413     Center.
414          (2) The notification under Subsection (1)(a) shall:
415          (a) be made without unreasonable delay, but no later than five days from the discovery
416     of the data breach; and
417          (b) include the following information:
418          (i) the date and time the data breach occurred;
419          (ii) the date the data breach was discovered;
420          (iii) the total number of people affected by the data breach, including the total number
421     of Utah residents affected;
422          (iv) the type of personal data involved in the data breach;
423          (v) a short description of the data breach that occurred;
424          (vi) the means by which access was gained to the system, computer, or network, if
425     known;
426          (vii) the individual or entity who perpetrated the data breach, if known;
427          (viii) steps the governmental entity is or has taken to mitigate the impact of the data
428     breach; and
429          (ix) any other details requested by the Cyber Center.
430          (3) If the information required by Subsection (2)(b) is not available within five days of

431     discovering the breach, the governmental entity shall provide as much of the information
432     required under Subsection (2)(b) as is available and supplement the notification with additional
433     information as soon as the information becomes available.
434          (4) (a) A governmental entity that experiences a data breach affecting fewer than 500
435     individuals shall create an internal incident report containing the information in Subsection
436     (2)(b) as soon as practicable and shall provide additional information as the information
437     becomes available.
438          (b) A governmental entity shall provide to the Cyber Center:
439          (i) an internal incident report described in Subsection (4)(a) upon request of the Cyber
440     Center; and
441          (ii) an annual report logging all of the governmental entity's data breach incidents
442     affecting fewer than 500 individuals.
443          Section 13. Section 63A-19-406 is enacted to read:
444          63A-19-406. Data breach notice to individuals affected by data breach.
445          (1) A governmental entity shall provide a data breach notice to an individual or legal
446     guardian of an individual affected by the data breach:
447          (a) after determining the scope of the data breach;
448          (b) after restoring the reasonable integrity of the affected system, if necessary; and
449          (c) except as provided in Subsection (1)(b), without unreasonable delay.
450          (2) A governmental entity shall delay providing notification under Subsection (1) at the
451     request of a law enforcement agency that determines that notification may impede a criminal
452     investigation, until such time as the law enforcement agency informs the governmental entity
453     that notification will no longer impede the criminal investigation.
454          (3) The data breach notice to an affected individual shall include:
455          (a) a description of the data breach;
456          (b) the individual's personal data that was accessed or may have been accessed;
457          (c) steps the governmental entity is taking or has taken to mitigate the impact of the
458     data breach;
459          (d) recommendations to the individual on how to protect themselves from identity theft
460     and other financial losses; and
461          (e) any other language required by the Cyber Center.

462          (4) Unless the governmental entity reasonably believes that providing notification
463     would pose a threat to the safety of an individual, or unless an individual has designated to the
464     governmental entity a preferred method of communication, a governmental entity shall provide
465     notice by:
466          (a) email; and
467          (b) one of the following methods, listed in order of preference:
468          (i) text message with a summary of the data breach notice and instructions for
469     accessing the full notice;
470          (ii) telephone message with a summary of the data breach notice and instructions for
471     accessing the full data breach notice; or
472          (iii) mail.
473          (5) A governmental entity shall also provide a data breach notice in a manner that is
474     reasonably calculated to have the best chance of being received by the affected individual or
475     the legal guardian of an individual, such as through a press release, posting on appropriate
476     social media accounts, or publishing notice in a newspaper of general circulation when:
477          (a) a data breach affects more than 500 individuals; and
478          (b) a governmental entity is unable to obtain an individual's contact information to
479     provide notice for any method listed in Subsection (4)(b).
480          Section 14. Section 63A-19-501 is enacted to read:
481     
Part 5. Data Privacy Ombudsman

482          63A-19-501. Data privacy ombudsman.
483          (1) The governor shall appoint a data privacy ombudsman with the advice of the
484     governing board.
485          (2) The ombudsman shall:
486          (a) be familiar with the provisions of:
487          (i) this chapter;
488          (ii) Chapter 12, Division of Archives and Records Service and Management of
489     Government Records; and
490          (iii) Title 63G, Chapter 2, Government Records Access and Management Act; and
491          (b) serve as a resource for an individual who is making or responding to a complaint
492     about a governmental entity's data privacy practice.

493          (3) The ombudsman may, upon request by a governmental entity or individual, mediate
494     data privacy disputes between individuals and governmental entities.
495          (4) After consultation with the chief privacy officer or the state privacy officer, the
496     ombudsman may raise issues and questions before the governing board regarding serious and
497     repeated violations of data privacy from:
498          (a) a specific governmental entity; or
499          (b) widespread governmental entity data privacy practices.
500          Section 15. Section 63A-19-601 is enacted to read:
501     
Part 6. Remedies

502          63A-19-601. Enforcement.
503          (1) Upon instruction by the board, the state auditor shall:
504          (a) investigate alleged violations of this chapter by a governmental entity;
505          (b) provide notice to the relevant governmental entity of an alleged violation of this
506     chapter; and
507          (c) for a violation that the state auditor substantiates, provide an opportunity for the
508     governmental entity to cure the violation within 30 days.
509          (2) If a governmental entity fails to cure a violation as provided in Subsection (1)(c),
510     the state auditor shall report the governmental entity's failure:
511          (a) for a designated government entity, to the attorney general for enforcement under
512     Subsection (3); and
513          (b) for a state agency, to the Legislative Management Committee.
514          (3) After referral by the state auditor under Subsection (2)(a), the attorney general may
515     file an action in district court to enjoin a violation of or require a governmental entity to
516     comply with this chapter.
517          Section 16. Section 63C-24-101 is amended to read:
518     
CHAPTER 24. UTAH PRIVACY COMMISSION

519     
Part 1. General Provisions

520          63C-24-101. Title.
521          This chapter is known as the ["Personal Privacy Oversight] "Utah Privacy
522     Commission."
523          Section 17. Section 63C-24-102 is amended to read:

524          63C-24-102. Definitions.
525          As used in this chapter:
526          (1) "Commission" means the [Personal Privacy Oversight] Utah Privacy Commission
527     created in Section 63C-24-201.
528          (2) "Governing board" means the Utah Privacy Governing Board created in Section
529     63A-9-201.
530          (3) "Governmental entity" means the same as that term is defined in Section
531     63G-2-103.
532          [(2) (a) "Government entity" means the state, a county, a municipality, a higher
533     education institution, a special district, a special service district, a school district, an
534     independent entity, or any other political subdivision of the state or an administrative subunit of
535     any political subdivision, including a law enforcement entity.]
536          [(b) "Government entity" includes an agent of an entity described in Subsection (2)(a).]
537          [(3)] (4) "Independent entity" means the same as that term is defined in Section
538     63E-1-102.
539          (5) "Office" means the Office of Data Privacy created in Section 63A-19-301.
540          [(4)] (6) [(a)] "Personal data" means [any information relating to an identified or
541     identifiable individual] the same as that term is defined in Section 63A-19-101.
542          [(b) "Personal data" includes personally identifying information.]
543          [(5)] (7) (a) "Privacy practice" means the acquisition, use, storage, or disposal of
544     personal data.
545          (b) "Privacy practice" includes:
546          (i) a technology use related to personal data; and
547          (ii) policies related to the protection, storage, sharing, and retention of personal data.
548          Section 18. Section 63C-24-201 is amended to read:
549     
Part 2. Utah Privacy Commission

550          63C-24-201. Utah Privacy Commission created.
551          (1) There is created the [Personal Privacy Oversight] Utah Privacy Commission.
552          (2) (a) The commission shall be composed of 12 members.
553          (b) The governor shall appoint:
554          (i) one member who, at the time of appointment provides internet technology services

555     for a county or a municipality;
556          (ii) one member with experience in cybersecurity;
557          (iii) one member representing private industry in technology;
558          (iv) one member representing law enforcement; and
559          (v) one member with experience in data privacy law.
560          (c) The state auditor shall appoint:
561          (i) one member with experience in internet technology services;
562          (ii) one member with experience in cybersecurity;
563          (iii) one member representing private industry in technology;
564          (iv) one member with experience in data privacy law; and
565          (v) one member with experience in civil liberties law or policy and with specific
566     experience in identifying the disparate impacts of the use of a technology or a policy on
567     different populations.
568          (d) The attorney general shall appoint:
569          (i) one member with experience as a prosecutor or appellate attorney and with
570     experience in civil liberties law; and
571          (ii) one member representing law enforcement.
572          (3) (a) Except as provided in Subsection (3)(b), a member is appointed for a term of
573     four years.
574          (b) The initial appointments of members described in Subsections (2)(b)(i) through
575     (b)(iii), (2)(c)(iv) through (c)(v), and (2)(d)(ii) shall be for two-year terms.
576          (c) When the term of a current member expires, a member shall be reappointed or a
577     new member shall be appointed in accordance with Subsection (2).
578          (4) (a) When a vacancy occurs in the membership for any reason, a replacement shall
579     be appointed in accordance with Subsection (2) for the unexpired term.
580          (b) A member whose term has expired may continue to serve until a replacement is
581     appointed.
582          (5) The commission shall select officers from the commission's members as the
583     commission finds necessary.
584          (6) (a) A majority of the members of the commission is a quorum.
585          (b) The action of a majority of a quorum constitutes an action of the commission.

586          (7) A member may not receive compensation or benefits for the member's service but
587     may receive per diem and travel expenses incurred as a member of the commission at the rates
588     established by the Division of Finance under:
589          (a) Sections 63A-3-106 and 63A-3-107; and
590          (b) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
591     63A-3-107.
592          (8) A member shall refrain from participating in a review of:
593          (a) an entity of which the member is an employee; or
594          (b) a technology in which the member has a financial interest.
595          (9) The state auditor shall provide staff and support to the commission.
596          (10) The commission shall meet up to [seven] 12 times a year to accomplish the duties
597     described in Section 63C-24-202.
598          Section 19. Section 63C-24-202 is amended to read:
599          63C-24-202. Commission duties.
600          (1) The commission shall:
601          (a) annually develop a data privacy agenda that identifies for the upcoming year:
602          (i) governmental entity privacy practices to be reviewed by the commission;
603          (ii) educational and training materials that the commission intends to develop;
604          (iii) any other items related to data privacy the commission intends to study; and
605          (iv) best practices and guiding principles that the commission plans to develop related
606     to government privacy practices;
607          (b) develop guiding standards and best practices with respect to government privacy
608     practices;
609          [(b)] (c) develop educational and training materials that include information about:
610          (i) the privacy implications and civil liberties concerns of the privacy practices of
611     government entities;
612          (ii) best practices for government collection and retention policies regarding personal
613     data; and
614          (iii) best practices for government personal data security standards; [and]
615          [(c)] (d) review the privacy implications and civil liberties concerns of government
616     privacy practices[.]; and

617          (e) provide the data privacy agenda to the governing board by May 1 of each year.
618          (2) The commission may, in addition to the approved items in the data privacy agenda
619     prepared under Subsection (1)(a):
620          (a) review specific government privacy practices as referred to the commission by the
621     chief privacy officer described in Section [67-1-17] 63A-19-302 or the state privacy officer
622     described in Section 67-3-13; [and]
623          (b) review a privacy practice not accounted for in the data privacy agenda only upon
624     referral by the chief privacy officer or the state privacy officer in accordance with Subsection
625     63C-24-202(2)(a);
626          (c) review and provide recommendations regarding consent mechanisms used by
627     governmental entities to collect personal information;
628          (d) develop and provide recommendations to the Legislature on how to balance
629     transparency and public access of public records against an individual's reasonable expectations
630     of privacy and data protection; and
631          [(b)] (e) develop recommendations for legislation regarding the guiding standards and
632     best practices the commission has developed in accordance with Subsection (1)(a).
633          (3) [Annually] At least annually, on or before October 1, the commission shall report to
634     the Judiciary Interim Committee:
635          (a) the results of any reviews the commission has conducted;
636          (b) the guiding standards and best practices described in Subsection [(1)(a)] (1)(b); and
637          (c) any recommendations for legislation the commission has developed in accordance
638     with Subsection [(2)(b)] (2)(e).
639          (4) At least annually, on or before June 1, the commission shall report to the governing
640     board regarding:
641          (a) governmental entity privacy practices the commission plans to review in the next
642     year;
643          (b) any educational and training programs the commission intends to develop in
644     relation to government data privacy best practices;
645          (c) results of the commission's data privacy practice reviews from the previous year;
646     and
647          (d) recommendations from the commission related to data privacy legislation,

648     standards, or best practices.
649          (5) The data privacy agenda detailed in Subsection (1)(a) does not add to or expand the
650     authority of the commission.
651          Section 20. Section 67-3-13 is amended to read:
652          67-3-13. State privacy officer.
653          (1) As used in this section:
654          (a) "Designated government entity" means a government entity that is not a state
655     agency.
656          (b) "Independent entity" means the same as that term is defined in Section 63E-1-102.
657          (c) (i) "Government entity" means the state, a county, a municipality, a higher
658     education institution, a special district, a special service district, a school district, an
659     independent entity, or any other political subdivision of the state or an administrative subunit of
660     any political subdivision, including a law enforcement entity.
661          (ii) "Government entity" includes an agent of an entity described in Subsection
662     (1)(c)(i).
663          (d) [(i)] "Personal data" means [any information relating to an identified or identifiable
664     individual.] the same as that term is defined in Section 63A-19-101.
665          [(ii) "Personal data" includes personally identifying information.]
666          (e) (i) "Privacy practice" means the acquisition, use, storage, or disposal of personal
667     data.
668          (ii) "Privacy practice" includes:
669          (A) a technology use related to personal data; and
670          (B) policies related to the protection, storage, sharing, and retention of personal data.
671          (f) (i) "State agency" means the following entities that are under the direct supervision
672     and control of the governor or the lieutenant governor:
673          (A) a department;
674          (B) a commission;
675          (C) a board;
676          (D) a council;
677          (E) an institution;
678          (F) an officer;

679          (G) a corporation;
680          (H) a fund;
681          (I) a division;
682          (J) an office;
683          (K) a committee;
684          (L) an authority;
685          (M) a laboratory;
686          (N) a library;
687          (O) a bureau;
688          (P) a panel;
689          (Q) another administrative unit of the state; or
690          (R) an agent of an entity described in Subsections (A) through (Q).
691          (ii) "State agency" does not include:
692          (A) the legislative branch;
693          (B) the judicial branch;
694          (C) an executive branch agency within the Office of the Attorney General, the state
695     auditor, the state treasurer, or the State Board of Education; or
696          (D) an independent entity.
697          (2) The state privacy officer shall:
698          (a) when completing the duties of this Subsection (2), focus on the privacy practices of
699     designated government entities;
700          (b) compile information about government privacy practices of designated government
701     entities;
702          (c) make public and maintain information about government privacy practices on the
703     state auditor's website;
704          (d) provide designated government entities with educational and training materials
705     developed by the [Personal Privacy Oversight] Utah Privacy Commission established in
706     Section 63C-24-201 that include the information described in Subsection 63C-24-202(1)(b);
707          (e) implement a process to analyze and respond to requests from individuals for the
708     state privacy officer to review a designated government entity's privacy practice;
709          (f) identify annually which designated government entities' privacy practices pose the

710     greatest risk to individual privacy and prioritize those privacy practices for review;
711          (g) review each year, in as timely a manner as possible, the privacy practices that the
712     privacy officer identifies under Subsection (2)(e) or (2)(f) as posing the greatest risk to
713     individuals' privacy;
714          (h) when reviewing a designated government entity's privacy practice under Subsection
715     (2)(g), analyze:
716          (i) details about the technology or the policy and the technology's or the policy's
717     application;
718          (ii) information about the type of data being used;
719          (iii) information about how the data is obtained, stored, shared, secured, and disposed;
720          (iv) information about with which persons the designated government entity shares the
721     information;
722          (v) information about whether an individual can or should be able to opt out of the
723     retention and sharing of the individual's data;
724          (vi) information about how the designated government entity de-identifies or
725     anonymizes data;
726          (vii) a determination about the existence of alternative technology or improved
727     practices to protect privacy; and
728          (viii) a finding of whether the designated government entity's current privacy practice
729     adequately protects individual privacy; and
730          (i) after completing a review described in Subsections (2)(g) and (h), determine:
731          (i) each designated government entity's use of personal data, including the designated
732     government entity's practices regarding data:
733          (A) acquisition;
734          (B) storage;
735          (C) disposal;
736          (D) protection; and
737          (E) sharing;
738          (ii) the adequacy of the designated government entity's practices in each of the areas
739     described in Subsection (2)(i)(i); and
740          (iii) for each of the areas described in Subsection (2)(i)(i) that the state privacy officer

741     determines to require reform, provide recommendations for reform to the designated
742     government entity and the legislative body charged with regulating the designated government
743     entity.
744          (3) (a) The legislative body charged with regulating a designated government entity
745     that receives a recommendation described in Subsection (2)(i)(iii) shall hold a public hearing
746     on the proposed reforms:
747          (i) with a quorum of the legislative body present; and
748          (ii) within 90 days after the day on which the legislative body receives the
749     recommendation.
750          (b) (i) The legislative body shall provide notice of the hearing described in Subsection
751     (3)(a).
752          (ii) Notice of the public hearing and the recommendations to be discussed shall be
753     posted for the jurisdiction of the designated government entity, as a class A notice under
754     Section 63G-30-102, for at least 30 days before the day on which the legislative body will hold
755     the public hearing.
756          (iii) Each notice required under Subsection (3)(b)(i) shall:
757          (A) identify the recommendations to be discussed; and
758          (B) state the date, time, and location of the public hearing.
759          (c) During the hearing described in Subsection (3)(a), the legislative body shall:
760          (i) provide the public the opportunity to ask questions and obtain further information
761     about the recommendations; and
762          (ii) provide any interested person an opportunity to address the legislative body with
763     concerns about the recommendations.
764          (d) At the conclusion of the hearing, the legislative body shall determine whether the
765     legislative body shall adopt reforms to address the recommendations and any concerns raised
766     during the public hearing.
767          (4) (a) Except as provided in Subsection (4)(b), if the chief privacy officer described in
768     Section [67-1-17] 63A-19-302 is not conducting reviews of the privacy practices of state
769     agencies, the state privacy officer may review the privacy practices of a state agency in
770     accordance with the processes described in this section.
771          (b) Subsection (3) does not apply to a state agency.

772          (5) The state privacy officer shall:
773          (a) quarterly report, to the [Personal Privacy Oversight Commission] Utah Privacy
774     Commission:
775          (i) recommendations for privacy practices for the commission to review; and
776          (ii) the information provided in Subsection (2)(i); and
777          (b) annually, on or before October 1, report to the Judiciary Interim Committee:
778          (i) the results of any reviews described in Subsection (2)(g), if any reviews have been
779     completed;
780          (ii) reforms, to the extent that the state privacy officer is aware of any reforms, that the
781     designated government entity made in response to any reviews described in Subsection (2)(g);
782          (iii) the information described in Subsection (2)(i);
783          (iv) reports received from designated government entities regarding the sale or sharing
784     of personal data provided under Subsection 63A-19-401(2)(f)(i); and
785          [(iv)] (v) recommendations for legislation based on any results of a review described in
786     Subsection (2)(g).
787          Section 21. Repealer.
788          This bill repeals:
789          Section 67-1-17, Chief privacy officer.
790          Section 22. Effective date.
791          This bill takes effect on May 1, 2024.