41-6a-2004. Captured plate data -- Preservation and disclosure.

414 words·~2 min read·/ut/title-41/chapter-6a/41-6a-2004

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(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.

(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 or use captured plate data 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.

(a)Except as provided in Subsections (1)(c)(i) through (1)(c)(iii) , a governmental entity shall destroy as soon as reasonably possible, in an unrecoverable manner, plate data obtained pursuant to this chapter that is not specifically necessary to achieve the authorized objectives under Subsection 41-6a-2003(2) .

(b)Subsection (4)(a) applies to data a governmental entity obtains:

(i)from a nongovernmental entity pursuant to a warrant; or

(ii)from an automatic license plate reader system owned or operated by a governmental entity.

Amended by Chapter 524 , 2023 General Session