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

(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.

Legislative History

Enacted by Chapter 447, 2015 General Session