Current through the 2024 Fourth Special Session
Section 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.Added by Chapter 447, 2015 General Session ,§ 5, eff. 5/12/2015.