New Utah law gives ownership of online data to individuals, not Internet services
Gov. Spencer Cox signs the Utah Digital Choice Act, positioning Utah at the forefront of digital privacy and data portability legislation. The act, HB418, was sponsored by Rep. Doug Fiefia, R-Herriman, and Sen. Michael K. McKell, R-Spanish Fork. Photo courtesy of the Utah State Office of the Governor.
John Rogers
Salt Lake Business Journal
Utah social media users will now have control over any online data about themselves. That's the net result of a new bill passed during the recent Utah legislative session and signed into law by Gov. Spencer Cox.
Cox has signed the Utah Digital Choice Act, positioning Utah at the forefront of digital privacy and data portability legislation. The act, HB418, was sponsored by Rep. Doug Fiefia, R-Herriman, and Sen. Michael K. McKell, R-Spanish Fork.
The Utah Digital Choice Act mandates that social media platforms operating within the state implement mechanisms to allow users to access, transfer and control their personal data, including social connections, created content, interactions and metadata associated with the data. The initiative aims to empower individuals by granting them greater autonomy over their digital identities and fostering interoperability among various online services, according to the sponsors.
"This legislation is about returning control of personal data back to the people," said Cox at a signing ceremony held in the Gold Room of the Utah State Capitol. "By enabling data portability and interoperability, we are ensuring that individuals have the freedom to manage their online presence without being locked into a single platform."
Fiefia emphasized the bipartisan support for the bill and its significance in addressing the growing concerns over data privacy.
"When you join a social media platform, you often sign over the rights to your digital identity," Fiefia said. "This act aims to change that by allowing users the right to own, control and manage their data."
McKell highlighted the act's potential to stimulate competition and innovation within the tech industry.
"By requiring platforms to facilitate data portability, we're not only empowering consumers but also encouraging a more competitive market where new entrants can compete on a level playing field," he said.
HB418 grants the Utah Division of Consumer Protection the authority to enforce compliance, assess violations and impose administrative fines as necessary, ensuring that social media companies adhere to the new requirements and respect users' rights to their personal data.
The Utah Digital Choice Act is part of a broader effort by the state to enhance online safety and digital rights. Concurrent with the signing of HB418, Cox signed two bills aimed at protecting children online and improving student focus by removing phones from classrooms. These measures collectively position Utah as a national leader in addressing the challenges posed by the digital age, Cox said at the ceremony.
Advocates for digital privacy and supporters of HB418 have praised the passage of the act, viewing it as a model for other states and countries grappling with similar issues. Frank H. McCourt Jr., founder of Project Liberty, an initiative aimed specifically at individual control of Internet data, expressed support for the legislation, stating that it "empowers individuals to take control of their online identities, setting a new standard for the future of social media and the Internet."
Critics of the bill have raised concerns about the implementation challenges that social media companies may face in complying with the new requirements. They argue that developing and maintaining interoperability interfaces could be complex and expensive for Internet companies.
"This is a significant step toward a more transparent and user-centric digital environment," Cox said. "We hope this serves as an example for others to follow in prioritizing the rights and freedoms of individuals online."
The Utah Digital Choice Act will take effect on July 1, 2026, providing social media platforms with time to develop and implement the necessary infrastructure to comply with the new regulations.
"Utah solidified its position as a leader in digital privacy and safety with the passage of the Digital Choice Act, a transformative new law that puts individuals, not Big Tech, in charge of their own personal data," the Liberty Project concluded in support of HB418. "Next year, when (the act) is implemented, it will become a blueprint for the future of the Internet -- one where individuals, not corporations, hold the power."