Electronic information or data privacy -- Warrant required for disclosure.
Checkout our iOS App for a better way to browser and research.
(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:
(A) to a provider of a remote computing service; or
(B) through a provider of an electronic communication service.
(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, or transmitted data of an electronic device, or electronic information or data provided by a provider of a remote computing service or an electronic communication service, 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, or transmitted data of an electronic device, or electronic information or data provided by a provider of a remote computing service or an electronic communication service 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 a provider of a remote computing service or an electronic communications service if the 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 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 data or transmitted data from an electronic device or electronic information or data transmitted by the owner of the electronic information or data to a provider of a remote computing service or through a provider of an electronic communication service, 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; or
(iii) subject to Subsection 77-23c-102(2)(a)(vi)(B), from a provider of a remote computing service or an electronic communication service if the 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 described in Section 77-22-2.5.
(3) A provider of an electronic communication service or a remote computing service, the provider's officers, employees, or 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:
(a) limits or affects the disclosure of public records under Title 63G, Chapter 2, Government Records Access and Management Act;
(b) affects the rights of an employer under Subsection 34-48-202(1)(e) or an administrative rule adopted under Section 63F-1-206; or
(c) limits the ability of a law enforcement agency to receive or use information, without a warrant or subpoena, from the National Center for Missing and Exploited Children under 18 U.S.C. Sec. 2258A.