Utah Consumer Privacy Act (UCPA) Checklist

The Utah Consumer Privacy Act (UCPA), effective December 31, 2023, aims to protect Utah residents’ personal data by granting rights to access, delete, and control their data, while imposing transparency and security obligations on businesses. Companies operating in Utah or targeting its consumers must comply if they meet certain thresholds, including designating a data privacy officer, conducting audits, and responding to consumer requests promptly.

Unlike California’s CCPA/CPRA, the UCPA uses an opt-out model for data processing and does not require explicit consent for processing sensitive data but mandates clear notifications. Understanding and adhering to these specific compliance requirements is crucial for mitigating legal risks, building user trust, and enhancing revenue, making it essential for businesses to stay informed and adjust their practices accordingly.

Compliant data is a critical business resource

These steps will help you achieve compliance with the Utah Consumer Privacy Act (UCPA), which applies to and protects residents of Utah. The checklist also includes recommended best practices for data privacy-related user experience.

Step 1: Determine if your company is required to comply.

If your for-profit organization:

• has gross annual revenue that exceeds US $25 million for the preceding year, and
• processes the personal data from at least 100,000 Utah consumers, or
• processes the personal data from at least 25,000 Utah consumers, and
• derives at least 50% of annual revenue from selling personal data.

Step 2: Create a comprehensive Privacy Policy.

• Purpose: Inform consumers at or before the point of data collection:
  • categories of personal data processed by the controller
  • purposes for which data is processed
  • categories of personal data that the controller shares with third parties, if any
  • categories of third parties the controller shares personal data with, if any.
• Rights: Inform website visitors of their privacy rights and how to exercise them.
• Language: Ensure the Privacy Policy is clear and easy to understand.
• Implementation: Make information about privacy and user options, like consent opt out, available via a banner or pop-up for when users visit your site, e.g. with a Consent Management Platform.

Step 3: Inform users about their rights.

Consumers’ rights under the UCPA:

• Right to Access
  • inquire and receive confirmation whether personal data is processed and receive access to it
• Right to Deletion
  • personal data that has been collected about them (with exceptions)
• Right to Data Portability
  • copy of personal data must be provided in a portable and readily useable format
• Right to Opt Out
  • of processing of personal data for the purposes of sale or targeted advertising
• Right to Non-discrimination
  • for exercising privacy rights
• Right of Minors
  • consent must be obtained from a parent/guardian if the data subject is a child (under age 13) as regulated by the Children’s Online Privacy Protection Act (COPPA)
• Right to Restrict Use of Sensitive Personal Information
  • option to opt out the collection or use of personal data the law classifies as sensitive

Step 4: Review and update your Privacy Policy or Notice every 12 months.

• Review your operations and potential changes in the law every 12 months. Updating your Privacy Policy information and the effective date. Effective date should be updated even if you don’t make any other changes to the Policy.
• Transparency: Ensure that the information that users must be notified about is clear, comprehensive and up to date. Ensure that the date of the last update is clearly visible.
• Data sold: List all the categories of personal information that your business has sold in the past 12 months.

Step 5: Enable clear options when consent is required

• When: If the personal data collected is that of a child.
• Availability: Easily accessible on your website.
• Method: Via the use of a Consent Management Platform (CMP).

Step 6: Authenticate consent or opt out of collecting sensitive personal data or data from minors.

• Sensitive Personal Data: Provide clear options to opt out and store preferences for processing sensitive personal data.
• Consent for Children: Obtain consent from a parent or legal guardian for collection of personal data if the data subject is 13 or younger.

Step 7: Enable consumers to make Data Subject Access Requests. (DSARs)

• Provide one or more contact options, e.g. email, toll-free phone number, or web form.
• Set up a system to enable the submission of DSARs.

Step 8: Set up a system to verify Data Subject Access Requests (DSARs)

• Enable consumers to attach documentation when submitting a request, to enable secure verification of their identity and residency.
• Set up a system to enable submissions for verification requests.
• Suppose your business cannot reasonably verify the consumer’s identity to the appropriate degree of certainty. In that case, it must inform the consumer and explain why the request could not reasonably be verified, and enable the consumer to rectify.

Step 9: Keep track of Data Subject Access Requests (DSARs)

• Set up a system to track all requests.
• Time period: keep records of all requests and your business responses for 2 years

Step 10: Fulfill Data Subject Access Requests (DSARs)

• Standard time period: within 45 days.
• Extended time period: up to 90 days.