Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 5001 Second Substitute (2020S5)

Sponsor

Rep. Spendlove, R.

Final action

House/ filed 6/18/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• restricts the collection or use of certain electronic location information by the state to investigate or control COVID-19 without consent from the owner of the electronic location information;
• enacts provisions relating to the use and retention of certain identifiable information relating to COVID-19; and
• creates penalties for misuse of confidential identifiable information relating to COVID-19.

Every vote on this bill

Bill text

DATA PRIVACY AMENDMENTS
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Robert M. Spendlove
Senate Sponsor: 
Keith Grover
LONG TITLE
General Description:
This bill enacts provisions relating to the collection, storage, and use of certain
COVID-19 data.
Highlighted Provisions:
This bill:
▸ restricts the collection or use of certain electronic location information by the state
to investigate or control COVID-19 without consent from the owner of the
electronic location information;
▸ enacts provisions relating to the use and retention of certain identifiable information
relating to COVID-19; and
▸ creates penalties for misuse of confidential identifiable information relating to
COVID-19.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
63G-27-101
, Utah Code Annotated 1953
63G-27-102
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-27-101
 is enacted to read:
CHAPTER 27. PANDEMIC RESPONSE DATA PRIVACY ACT 
 63G-27-101.
Title.
This chapter is known as the "Pandemic Response Data Privacy Act."
Section 2. Section 
63G-27-102
 is enacted to read:
 63G-27-102.
COVID-19 data privacy requirements.
(1) As used in this section:
(a) "COVID-19" means the same as that term is defined in Section 
78B-4-517
.
(b) "Electronic location information" means location information as defined in Section
77-23c-101.2
.
(c) "State agency" means a department, division, board, council, committee, institution,
office, bureau, or other similar administrative unit of the executive branch of state government.
(2) A state agency may not collect personally identifiable electronic location
information for the purpose of investigating or controlling COVID-19 unless the state agency
obtains consent from the owner of the electronic location information.
(3) A person who enters into a contract with a state agency to collect or provide
personally identifiable information regarding COVID-19:
(a) may not sell, offer for sale, or otherwise provide the personally identifiable
information collected under the contract to any person other than the state agency; and
(b) may not retain the information collected under the contract in any form after the
personally identifiable information is no longer necessary to fulfill the terms of the contract.
(4) A person who enters into a contract with a state agency to provide personally
identifiable information regarding COVID-19 is guilty of a class B misdemeanor if the person:
(a) violates the requirements described in Subsection (3); or
(b) intentionally releases or makes public personally identifiable information collected
under the contract with a state agency;
(c) if applicable, breaches the confidentiality provisions of Title 26, Chapter 6, Utah
Communicable Disease Control Act.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.