The Utah Consumer Privacy Act (UCPA), signed by Governor Spencer Cox on March 24, 2022, became effective December 31, 2023. Utah's approach is generally considered the most business-friendly of the major state privacy laws, including a revenue threshold similar to California's CCPA. The UCPA has some notable limitations compared to other states: it does not require opt-in consent for sensitive data processing (instead requiring businesses to provide a clear notice and opt-out opportunity), and it does not provide a right to correct inaccurate data — one of the few state laws to omit this right. The UCPA does provide standard access, deletion, portability, and opt-out of sale and targeted advertising rights.
Residents of Utah have the following legally enforceable privacy rights under UCPA:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
The UCPA applies to controllers that conduct business in Utah or target Utah residents AND that have annual revenue of $25 million or more AND either: (1) control or process personal data of 100,000 or more consumers per year, or (2) control or process personal data of 25,000 or more consumers and derive more than 50% of gross revenue from the sale of personal data. The dual requirement of revenue threshold AND data volume threshold is more restrictive than other states, exempting many smaller businesses.
Under UCPA, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under UCPA, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
Enforcement is shared between the Utah Attorney General and the Division of Consumer Protection, which refers matters to the AG. The AG must provide a 30-day notice to cure before pursuing penalties. Civil penalties may reach $7,500 per violation. The Division of Consumer Protection has authority to investigate complaints and refer cases for prosecution.
To exercise your rights under UCPA, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a Utah resident invoking rights under UCPA
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the Utah Attorney General's office.
| Term | Definition Under UCPA |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |