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2021 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 23c - Electronic Information or Data Privacy Act
Section 101.2 - Definitions.
Universal Citation:
UT Code § 77-23c-101.2 (2021)
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Effective 5/14/2019
77-23c-101.2. Definitions.
As used in this chapter:
Renumbered and Amended by Chapter 362, 2019 General Session
Amended by Chapter 479, 2019 General Session, (Coordination Clause)
Amended by Chapter 479, 2019 General Session
77-23c-101.2. Definitions.
As used in this chapter:
- (1) "Electronic communication service" means a service that provides to users of the service the ability to send or receive wire or electronic communications.
- (2) "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.
- (3)
- (a) "Electronic information or data" means information or data including a sign, signal, writing, image, sound, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
- (b) "Electronic information or data" includes the location information, stored data, or transmitted data of an electronic device.
- (c) "Electronic information or data" does not include:
- (i) a wire or oral communication;
- (ii) a communication made through a tone-only paging device; or
- (iii) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of money.
- (4) "Law enforcement agency" means an entity of the state or a political subdivision of the state that exists to primarily prevent, detect, or prosecute crime and enforce criminal statutes or ordinances.
- (5) "Location information" means information, obtained by means of a tracking device, concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device.
- (6) "Location information service" means the provision of a global positioning service or other mapping, location, or directional information service.
- (7) "Oral communication" means the same as that term is defined in Section 77-23a-3.
- (8) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system.
- (9) "Transmitted data" means electronic information or data that is transmitted wirelessly:
- (a) from an electronic device to another electronic device without the use of an intermediate connection or relay; or
- (b) from an electronic device to a nearby antenna.
- (10) "Wire communication" means the same as that term is defined in Section 77-23a-3.
Renumbered and Amended by Chapter 362, 2019 General Session
Amended by Chapter 479, 2019 General Session, (Coordination Clause)
Amended by Chapter 479, 2019 General Session
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