72-10-803. Data retention.

246 words·~1 min read·/ut/title-72/chapter-10/72-10-803

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

Effective 5/3/2023

(1)Except as provided in this section, a law enforcement agency:

(a)may not use, copy, or disclose data collected by an unmanned aircraft system on a person, structure, or area that is not a target; and

(b)in accordance with applicable federal, state, and local laws, shall ensure that data described in Subsection (1)(a) is destroyed as soon as reasonably possible after the law enforcement agency collects or receives the data.

(2)A law enforcement agency 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 law enforcement agency receives the data:

(i)through a court order that:

(A)requires a person to release the data to the law enforcement agency; or

(B)prohibits the destruction of the data; or

(ii)from a person who is a nongovernment actor;

(i)the data was collected inadvertently; and

(ii)the data appears to pertain to the commission of a crime;

(i)the law enforcement agency reasonably determines that the data pertains to an emergency situation; and

(ii)using or disclosing the data would assist in remedying the emergency; or

(e)the data was collected through the operation of an unmanned aircraft system over public lands outside of municipal boundaries.

Renumbered and Amended by Chapter 216 , 2023 General Session