Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 492 (2023GS)

Sponsor

Rep. Wilcox, R.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows an individual's lawfully obtained personal information or public data to be used to preview, advertise, or promote the sale of a product, service, or subscription, provided that the use of the personal information or public data does not imply that the individual endorses or approves of the product, service, or subscription.

Every vote on this bill

Bill text

ABUSE OF PERSONAL IDENTITY ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends provisions of the Abuse of Personal Identity Act.
Highlighted Provisions:
This bill:
▸ allows an individual's lawfully obtained personal information or public data to be
used to preview, advertise, or promote the sale of a product, service, or subscription,
provided that the use of the personal information or public data does not imply that
the individual endorses or approves of the product, service, or subscription. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
45-3-3
, as last amended by Laws of Utah 1999, Chapter 146
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
45-3-3
 is amended to read:
45-3-3.
Acts constituting abuse -- Permitting prosecution.
(1) Except for purposes of the criminal penalty in Section 
76-9-407
, the personal
identity of an individual is abused if:
(a) an advertisement is published in which the personal identity of that individual is
used in a manner which expresses or implies that the individual approves, endorses, has
endorsed, or will endorse the specific subject matter of the advertisement; and
(b) consent has not been obtained for such use from the individual, or if the individual
is a minor, then consent of one of the minor's parents or consent of the minor's legally
appointed guardian.
(2) Nothing in this part prohibits prosecution of abuse of personal identity under
Section 
76-9-407
.
(3) The personal identity of an individual is not abused if the individual's personal data
or publicly available information:
(a) was lawfully obtained;
(b) is used to preview, advertise, or promote the sale of a product, service, or
subscription, including the sale of a product, service, or subscription of which the individual's
personal data or publicly available information is or may be a part; and
(c) is not used in a way that expresses or implies that the individual approves, endorses,
has endorsed, or will endorse the product, service, or subscription being previewed, advertised,
or promoted.