HB 261 — Electronic Information Privacy Act Amendments

261 (A) endanger the life or physical safety of an individual;

(b)(b)(i) (i) A law enforcement agency that seeks a warrant for an electronic device or electronic information in accordance with [Subsection 77-23c-102(1)(a) or 77-23c-104(3)] Section 77-23c-102 or 77-23c-104 may submit a request to the court, and the court may grant permission, to delay service of the - 7 - HB0261 compared with HB0261S02 notice required under Subsection (1), if the purpose of delaying the notification is to apprehend an individual:

(ii)(ii)(A) (A) The court may grant the request under Subsection (2)(b)(i) to delay notification until the individual who is a fugitive from justice under Section 77-30-13 is apprehended by the law enforcement agency.

(4)- A7 law- enforcementH.B. agency shall serve the notice required under Subsection (1) to the owner of the electronic device or electronic information by:

261 Enrolled Copy (4) A law enforcement agency shall serve the notice required under Subsection (1) to the owner of the electronic device or electronic information by:

77-23c-104.77-23c-104 .

[(1) As used in this section, "subscriber record" means a record or information of a provider of an electronic communication service or remote computing service that reveals the subscriber's or customer's:] - 8 - HB0261 compared with HB0261S02 [(a) name;] [(b) address;] [(c) local and long distance telephone connection record, or record of session time and duration;] [(d) length of service, including the start date;] [(e) type of service used;] [(f) telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address;

and] [(g) means and source of payment for the service, including a credit card or bank account number.] [(2)] (1) Except as provided in [Chapter 22, Subpoena Powers for Aid of Criminal Investigation and Grants of Immunity or Section 77-23f-105,] Subsection (2) or Section 77-22-2.5 or {Subsection (2)} 77-23c-104.1, and subject to Section 77-23c-105, a law enforcement agency may not, except through the use of a search warrant issued by a court upon probable cause, obtain, use, copy, or disclose[ ] :

or (iii) received from, or derived from, a record or information originally possessed, created,- or8 maintained- byEnrolled aCopy providerH.B. of an electronic communication service or a remote computing service.

[(4)]261 (2)created, [Notwithstanding Subsections (2) and (3), a ] {Subject } Except as provided in Section 77-23c-104.1 and subject to Section 77-23c-105, a law enforcement agency may obtain, use, copy, or disclosemaintained aby subscriber record, or other record or information related to a subscriberprovider orof customer described in Subsection (1)(b), without an investigativeelectronic subpoenacommunication service or a warrant,remote only:computing service.

[(4)] (2) [Notwithstanding Subsections (2) and (3), a ] Except as provided in Section 77-23c-104.1 and subject to Section 77-23c-105, a law enforcement agency may obtain, use, copy, or disclose a subscriber record, or other record or information related to a subscriber or customer described in Subsection (1)(b), without an investigative subpoena or a warrant, only:

or - 9 - HB0261 compared with HB0261S02 (d) if the provider of an electronic communication service or remote computing service voluntarily discloses the record:

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

Section 577-23c-104.1 is enacted to read:

77-23c-104.1.77-23c-104.1 .

(1)- A9 law- enforcementH.B. agency may obtain, use, copy, disclose, or otherwise access electronic information or a record described in this chapter without complying with the requirements and procedures described in this chapter if the law enforcement agency obtains the electronic information or record:

(a)261 (i)Enrolled fromCopy a(1) federalA law enforcement agency,agency amay lawobtain, enforcementuse, agencycopy, indisclose, aor differentotherwise state,access electronic information or a record described in this chapter without complying with the requirements and procedures described in this chapter if the law enforcement agency inobtains athe differentelectronic country;information or record:

(a)(i) from a federal law enforcement agency, a law enforcement agency in a different state, or a law enforcement agency in a different country;

- 10 - HB0261 compared with HB0261S02 (A) in a legal manner under the constitutional requirements and any applicable laws, rules, and procedures of that jurisdiction;

or (c) limits the ability of a law enforcement agency to receive or use information, without a warrant or subpoena, fromfrom: the National Center for Missing and Exploited Children under 18 U.S.C.

(i) the National Center for Missing and Exploited Children under 18 U.S.C.

2258A.2258A;

or (ii) information publicly or otherwise legally accessible to a law enforcement agency - 10 - Enrolled Copy H.B.

261 without a warrant, subpoena, or court order, either for free or for a fee, from a third-party data aggregator.

77-23c-105.77-23c-105 .

[ All electronic ] (1) A law enforcement agency may only obtain, use, copy, disclose, or otherwise access electronic information or a record described in this chapter if the law enforcement agency hashas: {complied with the applicable procedures and requirements provided under this chapter.} :

or - 11 - HB0261 compared with HB0261S02 (b) obtained the electronic information or record under an exception described in Section 77-23c-104.1.

(2) {A } Except as provided in Section 77-23c-104.1, a law enforcement agency may not approach, solicit, direct, or contract with or otherwise use a third party, including a federal agency, an agency in a different state, or an agency in a different country, to obtain, use, copy, disclose, or otherwise access electronic information or a record described in this chapterchapter: {in a manner that the law enforcement agency would be prohibited from doing directly under this chapter.} :

(3)(3)(a) (a) Electronic information [or data and records of a provider of an electronic communications service or remote computing service pertaining to a subscriber or customer] or records described in this chapter that are obtained, used, copied, disclosed, or otherwise accessed in violation of the provisions of this chapter shall be subject to the rules governing exclusion as if the electronic information or records were obtained, used, copied, disclosed, or otherwise accessed in violation of the Fourth Amendment to the United States Constitution and Utah Constitution, Article I, Section 14.

(b) Evidence derived from electronic information or records described in Subsection (3)(a) shall be subject to the rules governing exclusion as if the evidence were obtained, used, copied, disclosed, or otherwise accessed in violation of the Fourth Amendment to the United States Constitution and Utah Constitution, Article I, Section- 14.11 - H.B.

261 Enrolled Copy Section 14.

Effective date.

2-11-26 1:57 PM - 12 -