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House passes governmental internet privacy notice bill; members debate security and liability

Utah House of Representatives · January 21, 2004
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Summary

House Bill 25 would require governmental entities to post website notices describing personal information collection and use; sponsors said the bill harmonizes with GRAMA and industry standards, while critics raised security and liability concerns about putting details on public web pages.

Representative Wayne Harper, sponsor of House Bill 25, moved amendment number 2 and said the bill requires governmental entities to post notices on their websites describing what personally identifiable information they collect and how it is used. Harper said the bill aligns with industry standards and was revised after the Division of Archives and Records Management and the state IT office provided input.

Members questioned whether posting such notices could increase liability if data are later breached. Representative Sandy Hendrickson asked whether the bill includes provisions to ensure the security of information once posted or whether it could expose agencies to lawsuits if hacked. Harper and supporters replied that the bill does not change agencies’ existing records‑management obligations and that notices are consistent with the Government Records Access and Management Act (GRAMA) and other statutes that already govern retention and security.

Supporters framed the change as transparency: the public should know what data agencies collect and how they are used. After discussion and a sponsor summation noting industry guidance from NCSL and other groups, the House voted to pass HB25 as amended and to refer it to the Senate for further consideration.