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2025 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 23c - Electronic Information Privacy Act
Section 104 - Third-party electronic information or data.
Universal Citation:
UT Code § 77-23c-104 (2025)
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Effective 5/3/2023
77-23c-104. Third-party electronic information.
Amended by Chapter 382, 2023 General Session
77-23c-104. Third-party electronic information.
- (1) As used in this section, "subscriber record" means a record or information of a provider of an electronic communication service or remote computing service that reveals the subscriber's or customer's:
- (a) name;
- (b) address;
- (c) local and long distance telephone connection record, or record of session time and duration;
- (d) length of service, including the start date;
- (e) type of service used;
- (f) telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address; and
- (g) means and source of payment for the service, including a credit card or bank account number.
- (2) Except as provided in Chapter 22, Subpoena Powers for Aid of Criminal Investigation and Grants of Immunity or Section 77-23f-105, a law enforcement agency may not obtain, use, copy, or disclose a subscriber record.
- (3) A law enforcement agency may not obtain, use, copy, or disclose, for a criminal investigation or prosecution, any record or information, other than a subscriber record, of a provider of an electronic communication service or remote computing service related to a subscriber or customer without a warrant.
- (4) Notwithstanding Subsections (2) and (3), a law enforcement agency may obtain, use, copy, or disclose a subscriber record, or other record or information related to a subscriber or customer, without an investigative subpoena or a warrant:
- (a) with the informed, affirmed consent of the subscriber or customer;
- (b) in accordance with a judicially recognized exception to warrant requirements;
- (c) if the subscriber or customer voluntarily discloses the record in a manner that is publicly accessible; or
- (d) if the provider of an electronic communication service or remote computing service voluntarily discloses the record:
- (i) under a belief that an emergency exists involving the imminent risk to an individual of:
- (A) death;
- (B) serious physical injury;
- (C) sexual abuse;
- (D) live-streamed sexual exploitation;
- (E) kidnapping; or
- (F) human trafficking;
- (ii) that is inadvertently discovered by the provider, if the record appears to pertain to the commission of:
- (A) a felony; or
- (B) a misdemeanor involving physical violence, sexual abuse, or dishonesty; or
- (iii) subject to Subsection 77-23c-104(4)(d)(ii), as otherwise permitted under 18 U.S.C. Sec. 2702.
- (i) under a belief that an emergency exists involving the imminent risk to an individual of:
- (5) A provider of an electronic communication service or remote computing service, or the provider's officers, employees, agents, or other specified persons may not be held liable for providing information, facilities, or assistance in good faith reliance on the terms of a warrant issued under this section, or without a warrant in accordance with Subsection (3).
Amended by Chapter 382, 2023 General Session
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