through a conspicuous hyperlink that includes the word “privacy” on their homepage. There is no private right of action. The law is enforced by the Connecticut Attorney General. The Connecticut Office of Attorney General released its first Enforcement Report on February 1, 2024. The report highlighted four areas of focus including privacy policies, sensitive data, teens’ data, and data brokers. The Connecticut statute became effective July 1, 2023. Utah The definitions included in the Utah Consumer Privacy Act (UCPA) are similar to those in Colorado and Virginia. The law applies to businesses that are either a “processor” or a “controller” of personal data—borrowing terminology from the European Union’s General Data Protection Regulation (“GDPR”). Unlike either the GDPR or the Colorado and Virginia laws, however, fewer businesses are covered by the UCPA even if they otherwise would qualify as a “controller” and/ or “processor.” Only businesses that have an annual revenue of $25 million or more and reach certain data-level thresholds are covered by the UCPA. A business can reach these thresholds either by controlling/ processing the personal data of 100,000 or more consumers per year, or by both deriving over 50% of its gross revenue from the sale of personal data and controlling/processing the data of 25,000 or more customers. A business that processes/controls the personal data of between 25,000 and 99,999 consumers per year— covered under the Colorado data privacy law, would be exempt from the UCPA unless it also has revenue of $25 million or more per year, over 50% of which is derived from controlling/processing personal data. The enforcement mechanism of the UCPA is different than other state privacy statutes. The Division of Consumer Protection (“DCP”) (contained within the Utah Department of Commerce) has the power to investigate any consumer complaints about potential violations of the law. After investigation, if the Division of Consumer Protection deems the claim legitimate then it must refer the matter to the Utah
132
Made with FlippingBook - Online Brochure Maker