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

Utah Statutes

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

Utah § 77-23d-105

Title 77Utah Code of Criminal Procedure

Ch. 77-23dSurveillance Privacy

This text of Utah § 77-23d-105 (Data use and retention.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 77-23d-105 (2026).

Text

(1)Except as provided in Subsection (2), a government entity:

(1)(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

(1)(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:

(2)(a) deleting the data would also require the deletion of data that:

(2)(a)(i) relates to the target of the operation; and

(2)(a)(ii) is requisite for the success of the operation;

(2)(b) the government entity receives the data:

(2)(b)(i) through a court order that:

(2)(b)(i)(A) requires a person to release the data to the government entity; or (

Free access — add to your briefcase to read the full text and ask questions with AI

(1) Except as provided in Subsection (2), a government entity:

(1)(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
(1)(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:

(2)(a) deleting the data would also require the deletion of data that:
(2)(a)(i) relates to the target of the operation; and
(2)(a)(ii) is requisite for the success of the operation;
(2)(b) the government entity receives the data:
(2)(b)(i) through a court order that:

(2)(b)(i)(A) requires a person to release the data to the government entity; or
(2)(b)(i)(B) prohibits the destruction of the data; or
(2)(b)(ii) from a person who is a nongovernment actor;
(2)(c) (2)(c)(i) the data was collected inadvertently; and
(2)(c)(ii) the data appears to pertain to the commission of a crime; or
(2)(d) (2)(d)(i) the government entity reasonably determines that the data pertains to an emergency situation; and
(2)(d)(ii) using or disclosing the data would assist in remedying the emergency.