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2017 Utah Code
Title 53 - Public Safety Code
Chapter 18 - Protection of Personal Information of Law Enforcement Officers
Section 103 - Internet posting of personal information of law enforcement officers -- Prohibitions.
Universal Citation:
UT Code § 53-18-103 (2017)
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Effective 5/9/2017
53-18-103. Internet posting of personal information of law enforcement officers -- Prohibitions.
Enacted by Chapter 266, 2017 General Session
53-18-103. Internet posting of personal information of law enforcement officers -- Prohibitions.
- (1) A state or local governmental agency may not post the personal information of any law enforcement officer employed by the state or any political subdivision on the Internet unless the agency has obtained written permission from the officer and has the written permission in the agency's possession.
- (2) An individual may not knowingly post on the Internet the personal information of any law enforcement officer or of the officer's immediate family members knowing the person is a law enforcement officer or that the person is the immediate family member of a law enforcement officer.
- (a) A violation of this Subsection (2) is a class B misdemeanor.
- (b) A violation of this Subsection (2) that results in bodily injury to the officer, or a member of the officer's immediate family, is a class A misdemeanor.
- (c) Each act against a separate individual in violation of this Subsection (2) is a separate offense. The defendant may also be charged separately with the commission of any other criminal conduct related to the commission of an offense under this Subsection (2).
- (3)
- (a) A business or association may not publicly post or publicly display on the Internet the personal information of any law enforcement officer if that officer has, either directly or through an agent designated under Subsection (3)(c), provided to that business or association a written demand to not disclose the officer's personal information.
- (b) A written demand made under this Subsection (3) by a law enforcement officer is effective for four years beginning on the day the demand is delivered, regardless of whether or not the law enforcement officer's employment as an officer has terminated during the four years.
- (c) A law enforcement officer may designate in writing the officer's employer or a representative of any voluntary professional association of law enforcement officers to act on behalf of the officer and as the officer's agent to make a written demand pursuant to this chapter.
- (d)
- (i) A business or association that receives a written demand from a law enforcement officer under Subsection (3)(a) shall remove the officer's personal information from public display on the Internet, including the removal of information provided to cellular telephone applications, within 24 hours of the delivery of the written demand, and shall ensure that the information is not posted again on the same Internet website or any other Internet website the recipient of the written demand maintains or exercises control over.
- (ii) After receiving the law enforcement officer's written demand, the person, business, or association may not publicly post or publicly display on the Internet, the personal information of the law enforcement officer.
- (iii) This Subsection (3)(d) does not prohibit a telephone corporation, as defined in Section 54-2-1, or its affiliate or other voice service provider, including providers of interconnected voice over Internet protocol service as defined in 47 C.F.R. 9.3, from transferring the law enforcement officer's personal information to any person, business, or association, if the transfer is authorized by federal or state law, regulation, order, terms of service, or tariff, or is necessary in the event of an emergency, or to collect a debt owed by the officer to the telephone corporation or its affiliate.
- (iv) This Subsection (3)(d) does not apply to a telephone corporation or other voice service provider, including providers of interconnected voice over Internet protocol service, with respect to directories or directories listings to the extend the entity offers a nonpublished listing option.
- (4)
- (a) A law enforcement officer whose personal information is made public as a result of a violation of Subsection (3) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction.
- (b) If a court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the law enforcement officer court costs and reasonable attorney fees.
- (c) If the defendant fails to comply with an order of the court issued under this Subsection (4), the court may impose a civil penalty of not more than $1,000 for the defendant's failure to comply with the court's order.
- (5)
- (a) A person, business, or association may not solicit, sell, or trade on the Internet the personal information of a law enforcement officer, if the dissemination of the personal information poses an imminent and serious threat to the law enforcement officer's safety or the safety of the law enforcement officer's immediate family and the person making the information available on the Internet knows or reasonably should know of the imminent and serious threat.
- (b) A law enforcement officer whose personal information is knowingly publicly posted or publicly displayed on the Internet may bring an action in any court of competent jurisdiction. If a jury or court finds that a defendant has committed a violation of Subsection (5)(a), the jury or court shall award damages to the officer in the amount of triple the cost of actual damages or $4,000, whichever is greater.
- (6) An interactive computer service or access software is not liable under Subsections (3)(d)(i) and (5) for information or content provided by another information content provider.
- (7) Unless a law enforcement officer requests that certain information be removed or protected from disclosure in accordance with Section 63G-2-302, a county recorder who makes information available for public inspection in accordance with Section 17-21-19 is not in violation of this chapter.
Enacted by Chapter 266, 2017 General Session
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