Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 369 First Substitute (2016GS)

Sponsor

Rep. Knotwell, J.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows a government entity to collect anonymous electronic data; and
• prohibits the use of the collected data in a judicial proceeding.

Every vote on this bill

Bill text

ELECTRONIC DEVICE LOCATION DATA AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John Knotwell
Senate Sponsor: 
Mark B. Madsen
LONG TITLE
General Description:
This bill allows a government entity to collect anonymous electronic data.
Highlighted Provisions:
This bill:
▸ allows a government entity to collect anonymous electronic data; and
▸ prohibits the use of the collected data in a judicial proceeding.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-23c-102
, as enacted by Laws of Utah 2014, Chapter 223 and last amended by
Coordination Clause, Laws of Utah 2014, Chapter 223
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-23c-102
 is amended to read:
77-23c-102.
Location information privacy -- Warrant required for disclosure.
(1) (a) Except as provided in Subsection (2), a government entity may not obtain the
location information, stored data, or transmitted data of an electronic device without a search
warrant issued by a court upon probable cause.
(b) Except as provided in Subsection (1)(c), a government entity may not use, copy, or
disclose, for any purpose, the location information, stored data, or transmitted data of an
electronic device that is not the subject of the warrant that is collected as part of an effort to
obtain the location information, stored data, or transmitted data of the electronic device that is
the subject of the warrant in Subsection (1)(a).
(c) A government entity 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
government entity reasonably believes that the transmitted data is necessary to achieve the
objective of the warrant.
(d) The data described in Subsection (1)(b) shall be destroyed in an unrecoverable
manner by the government entity as soon as reasonably possible after the data is collected.
(2) (a) A government entity 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 judicially recognized exceptions to warrant requirements; or
(v) if the owner has voluntarily and publicly disclosed the location information.
(b) A prosecutor may obtain a judicial order as defined in Section 
77-22-2.5
 for the
purposes enumerated in Section 
77-22-2.5
.
(3) An electronic communication service provider, its officers, employees, agents, or
other specified persons may not be held liable for providing information, facilities, or
assistance in accordance with the terms of the warrant issued under this section or without a
warrant pursuant to Subsection (2).
(4) (a) Notwithstanding Subsections (1) through (3), a government entity may receive
and utilize electronic data containing the location information of an electronic device from a
non-government entity as long as the electronic data contains no information that includes, or
may reveal, the identity of an individual.
(b) Electronic data collected in accordance with this subsection may not be used for
investigative purposes by a law enforcement agency.