(1) 

Terms Used In Utah Code 77-23f-107

  • Anonymized: means that the identifying information connected to an electronic device has been rendered anonymous in a manner such that the subject, including an individual, household, device, or Internet protocol address, is not identifiable to a law enforcement agency. See Utah Code 77-23f-101
  • Electronic device: means a device that enables access to or use of a location information service or can otherwise create or provide location information. See Utah Code 77-23f-101
  • Law enforcement agency: means the same as that term is defined in Section 77-23c-101. See Utah Code 77-23f-101
  • Location information: means the same as that term is defined in Section 77-23c-101. See Utah Code 77-23f-101
  • Person: means :Utah Code 68-3-12.5
  • Reverse-location information: means historical location information for:
(a) a defined time period;
(b) a defined or undefined area; and
(c) a defined or undefined number of electronic devices, for which the identities of the owners or users of the electronic devices are unknown to law enforcement. See Utah Code 77-23f-101
(a)  A law enforcement agency may not use, copy, or disclose, for any purpose, reverse-location information obtained under a warrant under Section 77-23f-102, 77-23f-103, or 77-23f-104 that:

(i)  is not related to the crime that is the subject of the warrant; and

(ii)  is collected as part of an effort to obtain the reverse-location information of an electronic device that is related to the crime that is the subject of the warrant obtained under Section 77-23f-102, 77-23f-103, or 77-23f-104.

(b)  The law enforcement agency shall destroy in an unrecoverable manner the reverse-location information described in Subsection (1)(a) as soon as reasonably possible after the criminal case is declined for prosecution or, if criminal charges are filed, the final disposition of the criminal case.

(2) 

(a)  Reverse-location information obtained under Section 77-23f-102, 77-23f-103, or 77-23f-104 may not be:

(i)  compared with, merged with, linked to, or in any way electronically or otherwise connected to a source of electronic data, including a database or file, containing one or more points of data that includes the location information provided by an electronic device; or

(ii)  used in any other criminal investigation or prosecution.

(b)  Subsection (2)(a)(i) does not apply if all the electronic data, including the reverse-location information, is obtained for the purpose of investigating the same criminal incident.

(3)  A person or entity that provides reverse-location information under this chapter shall ensure that the reverse-location information is anonymized before the reverse-location information is provided to a law enforcement agency.

Enacted by Chapter 382, 2023 General Session