63C-24-201.  Personal Privacy Oversight Commission created.

(1)  There is created the Personal Privacy Oversight Commission.

Terms Used In Utah Code 63C-24-201

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Commission: means the Personal Privacy Oversight Commission created in Section 63C-24-201. See Utah Code 63C-24-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Quorum: The number of legislators that must be present to do business.
  • 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
(2) 

(a)  The commission shall be composed of 12 members.

(b)  The governor shall appoint:

(i)  one member who, at the time of appointment provides internet technology services for a county or a municipality;

(ii)  one member with experience in cybersecurity;

(iii)  one member representing private industry in technology;

(iv)  one member representing law enforcement; and

(v)  one member with experience in data privacy law.

(c)  The state auditor shall appoint:

(i)  one member with experience in internet technology services;

(ii)  one member with experience in cybersecurity;

(iii)  one member representing private industry in technology;

(iv)  one member with experience in data privacy law; and

(v)  one member with experience in civil liberties law or policy and with specific experience in identifying the disparate impacts of the use of a technology or a policy on different populations.

(d)  The attorney general shall appoint:

(i)  one member with experience as a prosecutor or appellate attorney and with experience in civil liberties law; and

(ii)  one member representing law enforcement.

(3) 

(a)  Except as provided in Subsection (3)(b), a member is appointed for a term of four years.

(b)  The initial appointments of members described in Subsections (2)(b)(i) through (b)(iii), (2)(c)(iv) through (c)(v), and (2)(d)(ii) shall be for two-year terms.

(c)  When the term of a current member expires, a member shall be reappointed or a new member shall be appointed in accordance with Subsection (2).

(4) 

(a)  When a vacancy occurs in the membership for any reason, a replacement shall be appointed in accordance with Subsection (2) for the unexpired term.

(b)  A member whose term has expired may continue to serve until a replacement is appointed.

(5)  The commission shall select officers from the commission’s members as the commission finds necessary.

(6) 

(a)  A majority of the members of the commission is a quorum.

(b)  The action of a majority of a quorum constitutes an action of the commission.

(7)  A member may not receive compensation or benefits for the member’s service but may receive per diem and travel expenses incurred as a member of the commission at the rates established by the Division of Finance under:

(a)  Sections 63A-3-106 and 63A-3-107; and

(b)  rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.

(8)  A member shall refrain from participating in a review of:

(a)  an entity of which the member is an employee; or

(b)  a technology in which the member has a financial interest.

(9)  The state auditor shall provide staff and support to the commission.

(10)  The commission shall meet up to seven times a year to accomplish the duties described in Section 63C-24-202.

Enacted by Chapter 155, 2021 General Session

Technically renumbered to avoid duplication of section number also enacted in HB288, Chapter 171.