Utah Privacy laws & HR compliance analysis

Utah Privacy: What you need to know

Utah recognizes all four common-law invasion of privacy claims:
• Intrusion upon solitude or seclusion;
• Public disclosure of private facts (e.g., unreasonable publicity given to one's private life);
• False light privacy (e.g., publicity that normally places the other in a false light before the public); and
• Appropriation of one's name or likeness (Cox v. Hatch, 761 P.2d 556 (Utah 1988)).
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In addition, Utah law makes it a crime to abuse an individual's personal identity. Under the law, the personal identity of an individual is abused if it is used without the individual's consent in an advertisement in a manner that expresses or implies that the individual approves of or endorses the specific subject matter of the advertisement (UT Code Sec. 45-3-3).
Under Utah’s Identity Fraud Act, a person commits identity fraud when he or she knowingly or intentionally uses or attempts to use the personal identifying information of another person with fraudulent intent, including to obtain or attempt to obtain credit, goods, services, employment, medical information, or any other thing of value.
Personal identifying information may include an individual’s name, birth date, address, telephone number, driver's license number, Social Security number (SSN), place of employment, employee identification (ID) numbers or other personal ID numbers, mother's maiden name, electronic ID numbers, electronic signatures, certain other numbers or information that can be used to access a person's financial resources, medical information, or photographs or any other realistic likenesses (UT Code Sec. 76-6-1102).
Utah's Protection of Personal Information Act requires an employer that owns or licenses ...

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