30-14-2815. (Effective October 1, 2024) De-identified data. (1) Any controller in possession of de-identified data shall:

(a) take reasonable measures to ensure that the de-identified data cannot be associated with an individual;

(b) publicly commit to maintaining and using de-identified data without attempting to re-identify the de-identified data; and

(c) contractually obligate any recipients of the de-identified data to comply with all provisions of this part.

(2) Nothing in this part may be construed to:

(a) require a controller or processor to re-identify de-identified data or pseudonymous data; or

(b) maintain data in identifiable form or collect, obtain, retain, or access any data or technology to be capable of associating an authenticated consumer request with personal data.

(3) Nothing in this part may be construed to require a controller or processor to comply with an authenticated consumer rights request if the controller:

(a) is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data;

(b) does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and

(c) does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted in this section.

(4) The rights afforded under 30-14-2808(1)(a) through (1)(d) may not apply to pseudonymous data in cases in which the controller is able to demonstrate that any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing the information.

(5) A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address any breaches of those contractual commitments.