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HB0357S01 compared with HB0357 {Omitted text} shows text that was in HB0357 but was omitted in HB0357S01 inserted text shows text that was not in HB0357 but was inserted into HB0357S01 DISCLAIMER:
Enrolled Copy H.B.
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357 Amendments to Motor Vehicle Data Privacy GENERAL SESSION STATE OF UTAH Chief Sponsor:
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Amendments to Motor Vehicle Data Privacy GENERAL SESSION STATE OF UTAH Chief Sponsor:
3 LONG TITLE General Description:
Wayne A.
Harper 3 LONG TITLE General Description:
None H Other Special Clauses:
None Other Special Clauses:
B This bill provides a special effective date.
This bill provides a special effective date.
3 Utah Code Sections Affected:
Utah Code Sections Affected:
5 HB0357 compared with HB0357S01 AMENDS:
AMENDS:
13-61-101 , as last amended by Laws of Utah 2024, Chapter 186 13-61-102 , as last amended by Laws of Utah 2024, Chapter 381 ENACTS:
13-61-101, as last amended by Laws of Utah 2024, Chapter 186 13-61-102, as last amended by Laws of Utah 2024, Chapter 381 ENACTS:
13-61-501 , Utah Code Annotated 1953 13-61-502 , Utah Code Annotated 1953 13-61-503 , Utah Code Annotated 1953 13-61-504 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
13-61-501, Utah Code Annotated 1953 13-61-502, Utah Code Annotated 1953 13-61-503, Utah Code Annotated 1953 13-61-504, Utah Code Annotated 1953 H.B.
357 Enrolled Copy Be it enacted by the Legislature of the state of Utah:
13-61-101.
13-61-101 .
(6) (a) "Biometric data" means data generated by automatic measurements of an individual's unique biological characteristics.
(6)(a) "Biometric data" means data generated by automatic measurements of an individual's unique biological characteristics.
- 2 - HB0357 compared with HB0357S01 (i) a physical or digital photograph;
(i) a physical or digital photograph;
(10) (a) "Consumer" means an individual who is a resident of the state acting in an individual or household context.
- 2 - Enrolled Copy H.B.
357 (10)(a) "Consumer" means an individual who is a resident of the state acting in an individual or household context.
(14) (a) "Deidentified data" means data that:
(14)(a) "Deidentified data" means data that:
- 3 - HB0357 compared with HB0357S01 (B) publicly commits to maintain and use the data only in deidentified form and not attempt to reidentify the data;
(B) publicly commits to maintain and use the data only in deidentified form and not attempt to reidentify the data;
(21) "Institution of higher education" means a public or private institution of higher education.
(21) "Institution of higher education" means a public or private institution of higher - 3 - H.B.
357 Enrolled Copy education.
[(24)] (26) (a) "Personal data" means information that is linked or reasonably linkable to an identified individual or an identifiable individual.
[(24)] (26)(a) "Personal data" means information that is linked or reasonably linkable to an identified individual or an identifiable individual.
- 4 - HB0357 compared with HB0357S01 (a) kept separate from the consumer's personal data;
(a) kept separate from the consumer's personal data;
[(31)] (33) (a) "Sale," "sell," or "sold" means the exchange of personal data for monetary consideration by a controller to a third party.
[(31)] (33)(a) "Sale," "sell," or "sold" means the exchange of personal data for monetary - 4 - Enrolled Copy H.B.
357 consideration by a controller to a third party.
- 5 - HB0357 compared with HB0357S01 [(32)] (34) (a) "Sensitive data" means:
[(32)] (34)(a) "Sensitive data" means:
(i) racial or ethnic origin, if the personal data are processed by a video communication service;
- 5 - H.B.
357 Enrolled Copy (i) racial or ethnic origin, if the personal data are processed by a video communication service;
[(33)] (35) (a) "Specific geolocation data" means information derived from technology, including global position system level latitude and longitude coordinates, that directly identifies an individual's specific location, accurate within a radius of 1,750 feet or less.
[(33)] (35)(a) "Specific geolocation data" means information derived from technology, including global position system level latitude and longitude coordinates, that directly identifies an individual's specific location, accurate within a radius of 1,750 feet or less.
[(35)] (37) - 6 - HB0357 compared with HB0357S01 (a) "Targeted advertising" means displaying an advertisement to a consumer where the advertisement is selected based on personal data obtained from the consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests.
[(35)] (37)(a) "Targeted advertising" means displaying an advertisement to a consumer where the advertisement is selected based on personal data obtained from the consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests.
or (b) an affiliate or contractor of the controller or the processor.
or - 6 - Enrolled Copy H.B.
357 (b) an affiliate or contractor of the controller or the processor.
13-61-102.
13-61-102 .
(a) any controller or processor who:
(a) [ ]any controller or processor who:
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[(a)] (i) [(i)] (A) conducts business in the state;
[(a)] (i)[(i)] (A) conducts business in the state;
or - 7 - HB0357 compared with HB0357S01 [(ii)] (B) produces a product or service that is targeted to consumers who are residents of the state;
or [(ii)] (B) produces a product or service that is targeted to consumers who are residents of the state;
(e) a covered entity;
- 7 - H.B.
357 Enrolled Copy (e) a covered entity;
Part 50 and Institutional Review Boards under C.F.R.
Part 50 and Institutional Review Boards under 21 C.F.R.
- 8 - HB0357 compared with HB0357S01 (vi) information and documents created specifically for, and collected and maintained by, a committee but not a board or council listed in Section 26B-1-204;
(vi) information and documents created specifically for, and collected and maintained by, a committee but not a board or council listed in Section 26B-1-204;
(j) (i) an activity by:
- 8 - Enrolled Copy H.B.
357 (j)(i) an activity by:
- 9 - HB0357 compared with HB0357S01 (k) a financial institution or an affiliate of a financial institution governed by, or personal data collected, processed, sold, or disclosed in accordance with, Title V of the Gramm-Leach-Bliley Act, 15 U.S.C.
(k) a financial institution or an affiliate of a financial institution governed by, or personal data collected, processed, sold, or disclosed in accordance with, Title V of the Gramm-Leach-Bliley Act, 15 U.S.C.
or (iii) to administer benefits for another individual relating to an individual described in Subsection (2)(o) (i) and used for the purpose of administering the benefits;
or (iii) to administer benefits for another individual relating to an individual described in Subsection (2)(o)(i) and used for the purpose of administering the benefits;
(p) an individual's processing of personal data for purely personal or household purposes;
- 9 - H.B.
357 Enrolled Copy (p) an individual's processing of personal data for purely personal or household purposes;
Section 3 is enacted to read:
Section 13-61-501 is enacted to read:
Motor Vehicle Data Privacy 13-61-501.
Motor Vehicle Data Privacy 13-61-501 .
- 10 - HB0357 compared with HB0357S01 (1) "Connected device" means a consumer's mobile phone, tablet, or similar personal electronic device that connects to a motor vehicle through the in-vehicle interface for purposes of accessing the device's applications, contacts, or other data through the vehicle's display.
(1) "Connected device" means a consumer's mobile phone, tablet, or similar personal electronic device that connects to a motor vehicle through the in-vehicle interface for purposes of accessing the device's applications, contacts, or other data through the vehicle's display.
Section 4 is enacted to read:
Section 13-61-502 is enacted to read:
13-61-502.
13-61-502 .
(1) {A } Except as provided in Subsection (2), a motor vehicle manufacturer shall, for a motor vehicle with a model year {2029 } 2030 or later, provide in-vehicle privacy controls that allow a consumer to:
(1) Except as provided in Subsection (2), a motor vehicle manufacturer shall, for a motor vehicle with a model year 2030 or later, provide in-vehicle privacy controls that allow a consumer to:
and (d) delete readily accessible data.
and - 10 - Enrolled Copy H.B.
357 (d) delete readily accessible data.
(2){(3)} A motor vehicle manufacturer shall make the in-vehicle privacy controls described in Subsection (1):
(3) A motor vehicle manufacturer shall make the in-vehicle privacy controls described in Subsection (1):
(3){(4)} The settings selected by a consumer using the in-vehicle privacy controls shall remain in effect until the consumer changes the settings.
(4) The settings selected by a consumer using the in-vehicle privacy controls shall remain in effect until the consumer changes the settings.
(4){(5)} A motor vehicle manufacturer may provide the consumer with access to privacy controls through a website or mobile application in addition to the in-vehicle privacy controls required by - 11 - HB0357 compared with HB0357S01 this section, but may not require the consumer to use a website or mobile application to exercise the rights described in this section.
(5) A motor vehicle manufacturer may provide the consumer with access to privacy controls through a website or mobile application in addition to the in-vehicle privacy controls required by this section, but may not require the consumer to use a website or mobile application to exercise the rights described in this section.
(5){(6)} If a motor vehicle manufacturer receives a court order requiring deletion or a request that includes a copy of a legally issued protective order, the motor vehicle manufacturer shall delete all personal data within five business days after the day on which the motor vehicle manufacturer receives the court order or request.
(6) If a motor vehicle manufacturer receives a court order requiring deletion or a request that includes a copy of a legally issued protective order, the motor vehicle manufacturer shall delete all personal data within five business days after the day on which the motor vehicle manufacturer receives the court order or request.
Section 5 is enacted to read:
Section 13-61-503 is enacted to read:
13-61-503.
13-61-503 .
(i) vehicle safety, including airbag deployment, collision avoidance, or other safety features required by federal law;
(i) vehicle safety, including airbag deployment, operational safety, passenger safety, collision avoidance, or other safety features required by federal law;
(ii) vehicle operation, including engine control, transmission operation, or other mechanical functions necessary to operate the motor vehicle;
(ii) vehicle operation, including engine control, battery level, transmission operation, or other mechanical functions necessary to operate the motor vehicle;
or (b) processes temporarily and does not transmit outside the motor vehicle or store for longer than necessary.
or - 11 - H.B.
357 Enrolled Copy (b) processes temporarily and does not transmit outside the motor vehicle or store for longer than necessary.
Section 6 is enacted to read:
Section 13-61-504 is enacted to read:
13-61-504.
13-61-504 .
(1) The Motor Vehicle Division, created in Section 41-1a-106, shall provide information on {the division's website regarding the data privacy rights of motor vehicle owners under this part.} {(2) {When processing a title transfer for a motor vehicle, the division shall provide the new owner with:} } (a) {notice of the information available on } the division's website {described in Subsection (1);
The Motor Vehicle Division, created in Section 41-1a-106, shall provide information on the division's website regarding the data privacy rights of motor vehicle owners under this part.
and} regarding the data privacy rights of motor vehicle owners under this part.
Section 7.
- 12 - HB0357 compared with HB0357S01 {(b) {information on how to access the division's website.} } Section 7.
Effective date.
This bill takes effect on {May 6, 2026} January 1, 2027.
This bill takes effect on January 1, 2027.
2-6-26 11:11 AM - 13 -
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