On March 3, 2022, the Utah House of Representatives unanimously passed a consumer privacy bill which the Utah Senate passed earlier this year. The bill, entitled the Utah Consumer Privacy Act, still has several hurdles to jump through before becoming law. Leaders from both legislative chambers will need to provide their signatures before the 2022 session adjournment on March 4, 2022; following those signatures, Utah Governor Spencer J. Cox has 20 days to sign or veto the bill before it becomes law. Despite these remaining hurdles, the bill is widely expected to become the fourth comprehensive state consumer privacy law in the United States and the first such bill to become law in 2022.

IN DEPTH

The Utah Consumer Privacy Act would apply to businesses who:

1. Conduct business in Utah or produce a product or service targeted to Utah residents;

2. Have an annual gross revenue of over $25 million; and

3. Either (i) control or process the personal data of at least 100,000 residents or (ii) derive over 50% of its gross revenue from the “sale” of personal data and controls or processes personal data of at least 25,000 residents.

The Act’s applicability would make it narrower than any currently enacted state privacy law to date. And as with other state laws, the Act contains broad exceptions for certain entities and data categories, including higher education institutions, nonprofits, and information and entities regulated by both the Health Insurance Portability and Accountability...

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