Surveillance Privacy

Utah Code tit. 77, ch. 77-23d

in effect

Utah Code § 77-23d-101 Title.

77-23d-101. Title. This chapter is known as "Imaging Surveillance Privacy." Enacted by Chapter 447, 2015 General Session

Utah Code § 77-23d-102 Definitions.

77-23d-102. Definitions. As used in this chapter: (1) "Airport" means the same as that term is defined in Section 72-10-102. (2) "Authorized property" means: (a) a building or part of a building owned or leased by a law enforcement agency or a correctional facility; (b) critical infrastructure if owned or operated by a government entity; (c) an elementary or secondary public or charter school; (d) a courthouse; or (e) an airport. (3) "Biometric surveillance information" means the analysis of surveillance information using biometric software to identify an individual's identity or location using the individual's physical attributes or manner. (4) "Critical infrastructure" means the same as that term is defined in Section 76-6-106.3. (5) (a) "Government entity" means the state, a county, a municipality, a higher education institution, a special district, a special service district, charter school, or any other political subdivision of the state or an administrative subunit of a political subdivision. (b) "Government entity" includes a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. (6) "Imaging surveillance device" means a device that uses radar, sonar, infrared, or other remote sensing or detection technology used by the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure. (7) "Public safety threat" means a documented reasonable articulable suspicion of: (a) a threat to commit a violent felony by a specific individual towards a person, a group of people, or a place; or (b) a threat by a specific individual to commit an offense under Section 76-5-107, Threat of violence. (8) "Surveillance information" means future, current, or historical information produced by the digital monitoring of an area that can be used to create biometric surveillance information. (9) "Target" means a person or a structure upon which a government entity intentionally collects or attempts to collect information using an imaging surveillance device. (10) "Violent felony" means the same as that term is defined in Section 76-3-203.5. Amended by Chapter 216, 2024 General Session

Utah Code § 77-23d-103 Use of imaging surveillance device -- Warrant required -- Exceptions.

77-23d-103. Use of imaging surveillance device -- Warrant required -- Exceptions. (1) Except as provided in Subsection (2), a government entity may not operate an imaging surveillance device without a search warrant issued upon probable cause. (2) A government entity may operate an imaging surveillance device without a search warrant: (a) for testing equipment or training if the testing or training: (i) is not conducted as part of an investigation or law enforcement activity; and (ii) is conducted with the knowledge and consent of: (A) each individual who is imaged; and (B) an owner of each property that is imaged; (b) in exigent circumstances; or (c) in fresh pursuit of a person suspected of committing a felony. Enacted by Chapter 447, 2015 General Session

Utah Code § 77-23d-104 Notification required -- Delayed notification.

77-23d-104. Notification required -- Delayed notification. (1) Except as provided in Subsection (2), a government entity that executes a search warrant that authorizes the use of an imaging surveillance device shall, within 14 days after the day on which the warrant is executed, provide notice to the individual who owns, resides in, or rents the structure specified in the warrant that states: (a) that a warrant was applied for and granted; (b) the type of warrant issued; (c) the period of time during which the collection of data from the structure was authorized; (d) the offense specified in the application for the warrant; (e) the identity of the government entity that filed the application; and (f) the name of the court that issued the warrant. (2) A government entity seeking a warrant described in Subsection 77-23d-103(1) may submit a request, and the court may grant permission, to delay the notification described in Subsection (1) for a period not to exceed 30 days, if the court determines that there is probable cause to believe that the notification may: (a) endanger the life or physical safety of an individual; (b) cause an individual to flee from prosecution; (c) lead to the destruction of or tampering with evidence; (d) result in the intimidation of a potential witness; or (e) otherwise seriously jeopardize an investigation or unduly delay a trial. (3) When a delay of notification is granted under Subsection (2), and upon application by the government entity, the court may grant additional extensions of up to 30 days each. (4) Upon expiration of the period of delayed notification granted under Subsection (2) or (3), the government entity shall serve upon or deliver by first-class mail to the individual who owns, resides in, or rents the structure specified in the warrant a copy of the warrant together with a notice that: (a) states with reasonable specificity the nature of the law enforcement inquiry; and (b) contains: (i) the information described in Subsections (1)(a) through (f); (ii) a statement that notification of the search was delayed; (iii) the name of the court that authorized the delay of notification; and (iv) a reference to the provision of this chapter that allowed the delay of notification. (5) A government entity is not required to notify the owner of a structure if the owner is located outside of the United States. Enacted by Chapter 447, 2015 General Session

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

77-23d-105. Data use and retention. (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; (c) (i) the data was collected inadvertently; and (ii) the data appears to pertain to the commission of a crime; or (d) (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

Utah Code § 77-23d-106 Biometric surveillance information.

77-23d-106. Biometric surveillance information. (1) Except as provided in Subsection (2), a government entity may not obtain biometric surveillance information without: (a) a search warrant; and (b) an existing written policy that: (i) concerns the government entity's use, management, and auditing of biometric surveillance information; and (ii) is posted and publicly available on: (A) the government entity's website; or (B) the Utah Public Notice Website created in Section 63A-16-601, if the government entity does not have a website. (2) A government entity may obtain biometric surveillance information without a search warrant: (a) on authorized property; (b) in accordance with a judicially recognized exception to warrant requirements; or (c) a public safety threat. Enacted by Chapter 216, 2024 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title77/Chapter23D/77-23d.html?v=C77-23d_2024050120240501Fetched: 10/26/2026