Utah Code 77-23d-105. Data use and retention

(1)

Except as provided in Subsection (2), a government entity:

Government entity: means the state, a county, a municipality, a higher education institution, a special district, a special service district, or any other political subdivision of the state or an administrative subunit of any political subdivision, including a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Utah Code 77-23d-102
Imaging surveillance device: means a device that uses radar, sonar, infrared, or other remote sensing or detection technology used by the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure. See Utah Code 77-23d-102
Person: means :Utah Code 68-3-12.5
Target: means a person or a structure upon which a government entity intentionally collects or attempts to collect information using an imaging surveillance device. See Utah Code 77-23d-102

(a)	may not use, copy, or disclose data collected using an imaging surveillance device on an individual or structure that is not a target; and

(b)	shall ensure that data described in Subsection (1)(a) is destroyed as soon as reasonably possible after the government entity collects or receives the data.

(2)

A government entity is not required to comply with Subsection (1) if:

(a)

deleting the data would also require the deletion of data that:

(i)	relates to the target of the operation; and

(ii)	is requisite for the success of the operation;

(b)

the government entity receives the data:

(i)

through a court order that:

(A)	requires a person to release the data to the government entity; or

(B)	prohibits the destruction of the data; or

(ii)	from a person who is a nongovernment actor;

(c)

(i)	the data was collected inadvertently; and

(ii)	the data appears to pertain to the commission of a crime; or

(d)

(i)	the government entity reasonably determines that the data pertains to an emergency situation; and

(ii)	using or disclosing the data would assist in remedying the emergency.

Enacted by Chapter 447, 2015 General Session