63A-20-101. Digital identity bill of rights.
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Effective 5/6/2026
63A-20-101. Digital identity bill of rights.
The following rights constitute the digital identity bill of rights in this state:
(1)An individual possesses an individual identity innate to the individual's existence and independent of the state, which identity is fundamental and inalienable.
(2)An individual has a right to the management and control of the individual's digital identity to protect individual privacy.
(3)An individual has a right to choose, receive, and use a physical form of identity assertion that is endorsed by the state.
(4)An individual has a right to not be compelled by the state to possess, use, or rely upon a digital form of identity assertion in place of a physical form of identity assertion that is endorsed by the state.
(5)An individual has a right to state endorsement of the individual's digital identity upon meeting objective, uniform standards for eligibility and verification established by law, and a right to not have such endorsement arbitrarily or discriminatorily withheld or revoked.
(6)An individual has a right to have the state's operation of digital identity systems governed by clear standards established by the Legislature, including for eligibility, issuance, endorsement, acceptance, revocation, or interoperability of digital identity assertions.
(7)An individual has a right to transparency in the design and operation of a state digital identity, including the right to access, read, and review the standards and technical specifications upon which the state digital identity is built and operates.
(8)An individual has the right to choose what identity attributes are disclosed by the individual's state digital identity in accordance with standards established by the Legislature.
(9)An individual has the right to any service or benefit to which the individual is otherwise lawfully entitled based on the individual's choice of a lawful format or means of identity assertion without denial, diminishment, or condition.
(10)An individual has a right to be free from surveillance, profiling, tracking, or persistent monitoring of the individual's assertions of digital identity by the state, except as authorized by law.
(11)An individual has a right to not be required by the state to surrender the individual's device in order to present the individual's digital identity.
Enacted by Chapter 436 , 2026 General Session