Utah amends disclosure requirements for data breaches

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On March 23, the Utah governor signed SB 127, which, among other things, requires additional disclosure requirements for system security breaches and creates the Utah Cyber Center. For example, it mandates additional notice requirements to the office of the Utah attorney general (AG) and the Utah Cyber Center where an investigation “reveals that the misuse of personal information relating to 500 or more Utah residents, for identity theft or fraud purposes, has occurred or is reasonably likely to occur.” If the investigation reveals the misuse of personal information relating to 1,000 or more Utah residents, the notification must also be sent “to each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis.”

The Utah Cyber Center will be responsible for, among other things, developing a statewide strategic cybersecurity plan for executive branches and other governmental agencies; identifying, analyzing, and mitigating cyber threats and vulnerabilities; coordinating cybersecurity resilience planning; providing cybersecurity incident response capabilities; developing incident response plans to coordinate federal, state, local, and private sector activities; and developing and promoting cybersecurity best practices.

The amendments are effective 60 days follow adjournment of the legislature.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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