Title 77 - Utah Code of Criminal Procedure - Chapter 23c - Electronic Information or Data Privacy Act - Section 102 - Electronic information or data privacy -- Warrant required for disclosure.


Published: 2019-05-14

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Effective 5/14/2019 Superseded 5/5/2021 77-23c-102 Electronic information or data privacy -- Warrant required for disclosure. (1)

(a) Except as provided in Subsection (2), for a criminal investigation or prosecution, a law enforcement agency may not obtain, without a search warrant issued by a court upon probable cause:

(i) the location information, stored data, or transmitted data of an electronic device; or (ii) electronic information or data transmitted by the owner of the electronic information or data

to a remote computing service provider. (b) Except as provided in Subsection (1)(c), a law enforcement agency may not use, copy,

or disclose, for any purpose, the location information, stored data, transmitted data of an electronic device, or electronic information or data provided by a remote computing service provider, that:

(i) is not the subject of the warrant; and (ii) is collected as part of an effort to obtain the location information, stored data, transmitted

data of an electronic device, or electronic information or data provided by a remote computing service provider that is the subject of the warrant in Subsection (1)(a).

(c) A law enforcement agency may use, copy, or disclose the transmitted data of an electronic device used to communicate with the electronic device that is the subject of the warrant if the law enforcement agency reasonably believes that the transmitted data is necessary to achieve the objective of the warrant.

(d) The electronic information or data described in Subsection (1)(b) shall be destroyed in an unrecoverable manner by the law enforcement agency as soon as reasonably possible after the electronic information or data is collected.

(2) (a) A law enforcement agency may obtain location information without a warrant for an electronic

device: (i) in accordance with Section 53-10-104.5; (ii) if the device is reported stolen by the owner; (iii) with the informed, affirmative consent of the owner or user of the electronic device; (iv) in accordance with a judicially recognized exception to warrant requirements; (v) if the owner has voluntarily and publicly disclosed the location information; or (vi) from the remote computing service provider if the remote computing service provider

voluntarily discloses the location information: (A) under a belief that an emergency exists involving an imminent risk to an individual of

death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping, or human trafficking; or

(B) that is inadvertently discovered by the remote computing service provider and appears to pertain to the commission of a felony, or of a misdemeanor involving physical violence, sexual abuse, or dishonesty.

(b) A law enforcement agency may obtain stored or transmitted data from an electronic device, or electronic information or data transmitted by the owner of the electronic information or data to a remote computing service provider, without a warrant:

(i) with the informed consent of the owner of the electronic device or electronic information or data;

(ii) in accordance with a judicially recognized exception to warrant requirements;

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(iii) in connection with a report forwarded by the National Center for Missing and Exploited Children under 18 U.S.C. Sec. 2258A; or

(iv) subject to Subsection 77-23c-102(2)(a)(vi)(B), from a remote computing service provider if the remote computing service provider voluntarily discloses the stored or transmitted data as otherwise permitted under 18 U.S.C. Sec. 2702.

(c) A prosecutor may obtain a judicial order as described in Section 77-22-2.5 for the purposes enumerated in Section 77-22-2.5.

(3) An electronic communication service provider or remote computing service provider, the provider's officers, employees, agents, or other specified persons may not be held liable for providing information, facilities, or assistance in good faith reliance on the terms of the warrant issued under this section or without a warrant in accordance with Subsection (2).

(4) Nothing in this chapter limits or affects the disclosure of public records under Title 63G, Chapter 2, Government Records Access and Management Act.

(5) Nothing in this chapter affects the rights of an employer under Subsection 34-48-202(1)(e) or an administrative rule adopted under Section 63F-1-206.