Breach Based on Harm Threshold: Yes
Deadline for Consumer Notice: Most expedient time possible and without unreasonable delay
Government Notification Required: Yes, if 500+ residents are affected
Scope of this Summary:
Notification requirements applicable to persons who own, license, or maintain covered info. Some types of businesses may be exempt from some or all of these requirements, and non-commercial entities may be subject to different requirements.
Risk of Harm Threshold
Notification not required if, after reasonable and prompt investigation, the covered entity determines that identity theft or fraud has not occurred and is not reasonably likely to occur.
Unauthorized acquisition that compromises the security, confidentiality, or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
Encryption Safe Harbor
Statute does not apply to information that is encrypted or protected by another method that renders the data unreadable or unusable.
Form of Covered Info
A person's first name or first initial and last name, combined with any one or more of the following data elements:
- Social Security number.
- Financial account number, or credit or debit card number and any required security code, access code, or password that would permit access to the person's account.
- Driver's license number or state identification card number.
Consumer Notice Timing
Must be made in the most expedient time possible without unreasonable delay, consistent with any measures to determine the scope of the breach and to restore the reasonable integrity of the system.
Consumer Notice Method
By written notice sent by first-class mail to the most recent known address, telephone notice (including by automatic dialing technology not prohibited by other law), electronic notice (if it is the primary method of communication with resident or is consistent with E-SIGN). Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
The Utah general breach notification statute does not set out specific content requirements for the notice to affected persons.
Notification may be delayed if law enforcement determines notice may impede a criminal investigation.
The Utah general breach notification statute requires notification to the AG office if 500 or more residents are affected. Notification must also be made to the Utah Cyber Center (once the department has been created).
Consumer Reporting Agency Notice
If more than 1,000 residents are notified, must notify, without unreasonable delay, all nationwide Consumer Reporting Agencies of timing, distribution, and content of the consumer notice.
Exceptions for Other Laws
Breach of system security procedures as required by its primary state or federal regulator under applicable law and, in accordance with that law, each affected Utah resident is notified of a breach.
If you maintain covered info on behalf of another entity, you must notify it immediately following discovery of a breach if misuse of covered info has or is reasonably likely to occur. Must cooperate by sharing with the data owner info relevant to the breach.
Private Right of Action
The Utah general breach notification statute does not create a private right of action, but explicitly provides that it does not affect any private right of action that may exist under other law, including contract or tort (Utah Code § 13-44-301(2)(b)).
Violations may result in civil penalties.