77-23d-105. Data use and retention.

211 words·~1 min read·/ut/title-77/chapter-23d/77-23d-105

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

Effective 5/12/2015

(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)the data was collected inadvertently; and

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

(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.

Enacted by Chapter 447 , 2015 General Session