63A-16-108.  Digital verifiable credential and records.

(1)  As used in this section:

Terms Used In Utah Code 63A-16-108

  • Division: means the Division of Technology Services. See Utah Code 63A-16-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  “Blockchain” means a distributed ledger of ordered electronic records that:

(i)  is distributed across a network of computers;

(ii)  utilizes technology to prevent the unauthorized alteration of electronic records; and

(iii)  is mathematically verified.

(b)  “Digital record schema” means a description of the data fields and tamper-evident technologies required to create a digital verifiable credential or digital verifiable record that can be registered on a distributed ledger technology.

(c)  “Digital signature” means a tamper-evident, immutable, electronic seal that is equivalent in function and status to a notary seal issued by a government entity.

(d)  “Digital verifiable credential” means a digital document that:

(i)  attests to a fact;

(ii)  is issued by a government entity;

(iii)  can be mathematically verified; and

(iv)  conveys rights, privileges, and legal enforceability equivalent to the possession of a physical credential of the same type.

(e)  “Digital verifiable record” means a digital record that:

(i)  is issued by a government entity or has been digitally signed by a government entity;

(ii)  has a digital signature;

(iii)  can be mathematically verified; and

(iv)  conveys rights, privileges, and legal enforceability equivalent to the possession of a physical record of the same type.

(f)  “Distributed ledger” means a decentralized database that is maintained by the consensus of replicated, shared, and synchronized digital data.

(g)  “Government entity” means:

(i)  the state;

(ii)  a state agency; or

(iii)  a political subdivision of the state.

(h)  “Government operations privacy officer” means the government operations privacy officer described in Section 67-1-17.

(i)  “State archivist” means the state archivist appointed under Section 63A-12-102.

(j)  “State privacy officer” means the state privacy officer described in Section 67-3-13.

(k)  “State registrar” means the state registrar of vital records appointed under Section 26-2-3.

(2)  The Division of Technology Services shall:

(a)  provide recommendations to government entities regarding:

(i)  appropriate digital record schemas that allow a government to issue a digital verifiable credential or record;

(ii)  policies and procedures to protect the privacy of personal identifying information maintained within distributed ledger programs;

(iii)  the manner and format in which an issuer may certify a document through blockchain; and

(iv)  processes and procedures for the preservation, auditability, integrity, security, and confidentiality of digital verifiable credentials and records;

(b)  create a pilot program for the implementation of digital verifiable credentials by governmental entities; and

(c)  report to Public Utilities, Energy, and Technology Interim Committee by October 31, 2023, on the duties described in Subsections (2)(a) and (b).

(3)  In performing the duties described in Subsections (2)(a) and (b), the Division of Technology Services shall consult with:

(a)  the state archivist;

(b)  the state privacy officer;

(c)  the government operations privacy officer;

(d)  the state registrar;

(e)  private industry professionals with relevant expertise;

(f)  the Utah League of Cities and Towns; and

(g)  an association of counties in the state.

Enacted by Chapter 201, 2023 General Session