Utah Code 77-23d-106. Biometric surveillance information
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(1) Except as provided in Subsection (2), a government entity may not obtain biometric surveillance information without:
Terms Used In Utah Code 77-23d-106
- Authorized property: means :(2)(a) a building or part of a building owned or leased by a law enforcement agency or a correctional facility;(2)(b) critical infrastructure if owned or operated by a government entity;(2)(c) an elementary or secondary public or charter school;(2)(d) a courthouse; or(2)(e) an airport. See Utah Code 77-23d-102
- Biometric surveillance information: means the analysis of surveillance information using biometric software to identify an individual's identity or location using the individual's physical attributes or manner. See Utah Code 77-23d-102
- Government entity: includes a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Utah Code 77-23d-102
- Public safety threat: means a documented reasonable articulable suspicion of:
(7)(a) a threat to commit a violent felony by a specific individual towards a person, a group of people, or a place; or(7)(b) a threat by a specific individual to commit an offense under Section76-5-107 , Threat of violence. See Utah Code 77-23d-102- Surveillance information: means future, current, or historical information produced by the digital monitoring of an area that can be used to create biometric surveillance information. See Utah Code 77-23d-102
(1)(a) a search warrant; and(1)(b) an existing written policy that:(1)(b)(i) concerns the government entity’s use, management, and auditing of biometric surveillance information; and(1)(b)(ii) is posted and publicly available on:(1)(b)(ii)(A) the government entity’s website; or(1)(b)(ii)(B) the Utah Public Notice Website created in Section63A-16-601 , if the government entity does not have a website.(2) A government entity may obtain biometric surveillance information without a search warrant:(2)(a) on authorized property;(2)(b) in accordance with a judicially recognized exception to warrant requirements; or(2)(c) a public safety threat.