Section 102 – Ownership of digital assets.
Effective 5/4/2022 13-62-102. Ownership of digital assets. (1) Digital securities are intangible personal property and shall be considered securities and investment property for purposes of this chapter, Title 70A, Chapter 8, Uniform Commercial Code – Investment Securities, and Title 70A, Chapter 9a, Uniform Commercial Code – Secured Transactions. (2) An owner of a digital user […]
Section 304 – Limitations.
Effective 12/31/2023 13-61-304. Limitations. (1) The requirements described in this chapter do not restrict a controller’s or processor’s ability to: (a) comply with a federal, state, or local law, rule, or regulation; (b) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, local, or other governmental entity; (c) […]
Section 305 – No private cause of action.
Effective 12/31/2023 13-61-305. No private cause of action. A violation of this chapter does not provide a basis for, nor is a violation of this chapter subject to, a private right of action under this chapter or any other law. Enacted by Chapter 462, 2022 General Session
Section 401 – Investigative powers of division.
Effective 12/31/2023 13-61-401. Investigative powers of division. (1) The division shall establish and administer a system to receive consumer complaints regarding a controller’s or processor’s alleged violation of this chapter. (2) (a) The division may investigate a consumer complaint to determine whether the controller or processor violated or is violating this chapter. (b) If the […]
Section 402 – Enforcement powers of the attorney general.
Effective 12/31/2023 13-61-402. Enforcement powers of the attorney general. (1) The attorney general has the exclusive authority to enforce this chapter. (2) Upon referral from the division, the attorney general may initiate an enforcement action against a controller or processor for a violation of this chapter. (3) (a) At least 30 days before the day […]
Section 403 – Consumer Privacy Restricted Account.
Effective 12/31/2023 13-61-403. Consumer Privacy Restricted Account. (1) There is created a restricted account known as the “Consumer Privacy Account.” (2) The account shall be funded by money received through civil enforcement actions under this chapter. (3) Upon appropriation, the division or the attorney general may use money deposited into the account for: (a) investigation […]
Section 404 – Attorney general report.
Effective 12/31/2023 13-61-404. Attorney general report. (1) The attorney general and the division shall compile a report: (a) evaluating the liability and enforcement provisions of this chapter, including the effectiveness of the attorney general’s and the division’s efforts to enforce this chapter; and (b) summarizing the data protected and not protected by this chapter including, […]
Section 301 – Enforcement powers of the attorney general.
Effective 5/5/2021 13-60-301. Enforcement powers of the attorney general. (1) The attorney general may enforce this chapter. (2) The attorney general may initiate a civil enforcement action against a person for violating this chapter. (3) In an action to enforce this chapter, the attorney general may recover: (a) actual damages to the consumer; (b) costs; […]
Section 103 – Preemption — Reference to other laws.
Effective 12/31/2023 13-61-103. Preemption — Reference to other laws. (1) This chapter supersedes and preempts any ordinance, resolution, rule, or other regulation adopted by a local political subdivision regarding the processing of personal data by a controller or processor. (2) Any reference to federal law in this chapter includes any rules or regulations promulgated under […]
Section 201 – Consumer rights — Access — Deletion — Portability — Opt out of certain processing.
Effective 12/31/2023 13-61-201. Consumer rights — Access — Deletion — Portability — Opt out of certain processing. (1) A consumer has the right to: (a) confirm whether a controller is processing the consumer’s personal data; and (b) access the consumer’s personal data. (2) A consumer has the right to delete the consumer’s personal data that […]