2016 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 23c - Location Privacy for Electronic Devices
Section 102 - Location information privacy -- Warrant required for disclosure.

Effective 5/10/2016
77-23c-102. Location information privacy -- Warrant required for disclosure.

• (1)
  • (a) Except as provided in Subsection (2), a government entity may not obtain the location information, stored data, or transmitted data of an electronic device without a search warrant issued by a court upon probable cause.
  • (b) Except as provided in Subsection (1)(c), a government entity may not use, copy, or disclose, for any purpose, the location information, stored data, or transmitted data of an electronic device that is not the subject of the warrant that is collected as part of an effort to obtain the location information, stored data, or transmitted data of the electronic device that is the subject of the warrant in Subsection (1)(a).
  • (c) A government entity may use, copy, or disclose the transmitted data of an electronic device used to communicate with the electronic device that is the subject of the warrant if the government entity reasonably believes that the transmitted data is necessary to achieve the objective of the warrant.
  • (d) The data described in Subsection (1)(b) shall be destroyed in an unrecoverable manner by the government entity as soon as reasonably possible after the data is collected.

• (2)
  • (a) A government entity may obtain location information without a warrant for an electronic device:
    • (i) in accordance with Section 53-10-104.5;
    • (ii) if the device is reported stolen by the owner;
    • (iii) with the informed, affirmative consent of the owner or user of the electronic device;
    • (iv) in accordance with judicially recognized exceptions to warrant requirements; or
    • (v) if the owner has voluntarily and publicly disclosed the location information.
  • (b) A prosecutor may obtain a judicial order as defined in Section 77-22-2.5 for the purposes enumerated in Section 77-22-2.5.

• (3) An electronic communication service provider, its officers, employees, agents, or other specified persons may not be held liable for providing information, facilities, or assistance in accordance with the terms of the warrant issued under this section or without a warrant pursuant to Subsection (2).

• (4)
  • (a) Notwithstanding Subsections (1) through (3), a government entity may receive and utilize electronic data containing the location information of an electronic device from a non-government entity as long as the electronic data contains no information that includes, or may reveal, the identity of an individual.
  • (b) Electronic data collected in accordance with this subsection may not be used for investigative purposes by a law enforcement agency.

Amended by Chapter 161, 2016 General Session