63A-20-303. Identity proofing.
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Effective 5/6/2026
63A-20-303. Identity proofing.
(a)The department shall establish and maintain identity proofing requirements for the issuance of a state-endorsed digital identity that:
(i)follow a generally accepted identity proofing standard;
(ii)are commensurate with the risks of impersonation, fraud, and misuse associated with the credential; and
(iii)are consistent with the privacy, civil liberties, and security requirements of this chapter.
(b)The identity proofing process shall be designed to establish, at a minimum, that:
(i)the applicant is a real individual;
(ii)the applicant is the individual the applicant claims to be;
(iii)the applicant's birth date is the date the applicant claims it to be; and
(iv)the applicant meets the eligibility requirements of Section 63A-20-302 .
(c)The department shall ensure that the identity proofing process results in a credential that provides a level of confidence in the individual's identity that is:
(i)sufficiently robust to support reliance by governmental entities and private-sector relying parties where required by law or policy for online age assurance; and
(ii)appropriate for use in both online and offline presentations.
(d)Identity proofing processes shall be designed so that the state's endorsement:
(i)reflects verification at a point in time; and
(ii)does not require:
(A)continuous monitoring; or
(B)tracking.
(a)An applicant shall provide true and accurate information as required under this part.
(b)Knowingly providing materially false information for the purpose of obtaining a state-endorsed digital identity constitutes fraud and may result in denial, revocation, and other remedies provided by law.
(a)Obtaining or holding a state-endorsed digital identity does not affect an individual's physical identity documents.
(b)An individual is not required to surrender, cancel, or replace any physical identity document as a condition of applying for or holding a state-endorsed digital identity.
(a)The department shall define by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the identity proofing standards and processes required for issuance of a state-endorsed digital identity.
(b)The rules shall, at a minimum:
(i)specify the objectives the identity proofing process is intended to achieve;
(ii)describe the acceptable methods of identity proofing, including:
(A)in-person, remote, or hybrid methods, and the conditions under which each may be used; and
(B)minimum evidence requirements and validation methods;
(iii)align with generally accepted identity proofing practices; and
(iv)establish requirements and a process to become an identity proofing entity.
Enacted by Chapter 436 , 2026 General Session