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2020 Utah Code
Title 41 - Motor Vehicles
Chapter 6a - Traffic Code
Part 20 - Automatic License Plate Reader System Act
Section 2004 - Captured plate data -- Preservation and disclosure.
Universal Citation: UT Code § 41-6a-2004 (2020)
Effective 5/8/2018
41-6a-2004. Captured plate data -- Preservation and disclosure.
Amended by Chapter 269, 2018 General Session
41-6a-2004. Captured plate data -- Preservation and disclosure.
- (1) Captured plate data obtained for the purposes described in Section 41-6a-2003:
- (a) in accordance with Section 63G-2-305, is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act, if the captured plate data is maintained by a governmental entity;
- (b) may not be used or shared for any purpose other than the purposes described in Section 41-6a-2003;
- (c) except as provided in Subsection (3), may not be preserved for more than nine months by a governmental entity except pursuant to:
- (i) a preservation request under Section 41-6a-2005;
- (ii) a disclosure order under Subsection 41-6a-2005(2); or
- (iii) a warrant issued under the Utah Rules of Criminal Procedure or an equivalent federal warrant; and
- (d) may only be disclosed:
- (i) in accordance with the disclosure requirements for a protected record under Section 63G-2-202;
- (ii) pursuant to a disclosure order under Subsection 41-6a-2005(2); or
- (iii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an equivalent federal warrant.
- (2)
- (a) A governmental entity that is authorized to use an automatic license plate reader system under this part may not sell captured plate data for any purpose.
- (b) A governmental entity that is authorized to use an automatic license plate reader system under this part may not share captured plate date for a purpose not authorized under Subsection 41-6a-2003(2).
- (c) Notwithstanding the provisions of this section, a governmental entity may preserve and disclose aggregate captured plate data for planning and statistical purposes if the information identifying a specific license plate is not preserved or disclosed.
- (3) Plate data collected in accordance with Section 72-6-118 may be preserved so long as necessary to collect the payment of a toll or penalty imposed in accordance with Section 72-6-118 and the nine-month preservation limitation described in Subsection (1)(c) shall not apply.
Amended by Chapter 269, 2018 General Session
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