Captured plate data -- Preservation and disclosure.

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  • (1) Captured plate data obtained for the purposes described in Section 41-6a-2003:
    • (a) in accordance with Section 63G-2-305, is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act, if the captured plate data is maintained by a governmental entity;
    • (b) may not be used or shared for any purpose other than the purposes described in Section 41-6a-2003;
    • (c) except as provided in Subsection (3), may not be preserved for more than nine months by a governmental entity except pursuant to:
      • (i) a preservation request under Section 41-6a-2005;
      • (ii) a disclosure order under Subsection 41-6a-2005(2); or
      • (iii) a warrant issued under the Utah Rules of Criminal Procedure or an equivalent federal warrant; and
    • (d) may only be disclosed:
      • (i) in accordance with the disclosure requirements for a protected record under Section 63G-2-202;
      • (ii) pursuant to a disclosure order under Subsection 41-6a-2005(2); or
      • (iii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an equivalent federal warrant.
  • (2)
    • (a) A governmental entity that is authorized to use an automatic license plate reader system under this part may not sell captured plate data for any purpose.
    • (b) A governmental entity that is authorized to use an automatic license plate reader system under this part may not share captured plate date for a purpose not authorized under Subsection 41-6a-2003(2).
    • (c) Notwithstanding the provisions of this section, a governmental entity may preserve and disclose aggregate captured plate data for planning and statistical purposes if the information identifying a specific license plate is not preserved or disclosed.
  • (3) Plate data collected in accordance with Section 72-6-118 may be preserved so long as necessary to collect the payment of a toll or penalty imposed in accordance with Section 72-6-118 and the nine-month preservation limitation described in Subsection (1)(c) shall not apply.




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