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2021 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 23d - Imaging Surveillance Privacy
Section 105 - Data use and retention.
Universal Citation: UT Code § 77-23d-105 (2021)
Effective 5/12/2015
77-23d-105. Data use and retention.
Enacted by Chapter 447, 2015 General Session
77-23d-105. Data use and retention.
- (1) Except as provided in Subsection (2), a government entity:
- (a) may not use, copy, or disclose data collected using an imaging surveillance device on an individual or structure that is not a target; and
- (b) shall ensure that data described in Subsection (1)(a) is destroyed as soon as reasonably possible after the government entity collects or receives the data.
- (2) A government entity is not required to comply with Subsection (1) if:
- (a) deleting the data would also require the deletion of data that:
- (i) relates to the target of the operation; and
- (ii) is requisite for the success of the operation;
- (b) the government entity receives the data:
- (i) through a court order that:
- (A) requires a person to release the data to the government entity; or
- (B) prohibits the destruction of the data; or
- (ii) from a person who is a nongovernment actor;
- (i) through a court order that:
- (c)
- (i) the data was collected inadvertently; and
- (ii) the data appears to pertain to the commission of a crime; or
- (d)
- (i) the government entity reasonably determines that the data pertains to an emergency situation; and
- (ii) using or disclosing the data would assist in remedying the emergency.
- (a) deleting the data would also require the deletion of data that:
Enacted by Chapter 447, 2015 General Session
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