(1) Except as provided in this section, a law enforcement agency:

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Terms Used In Utah Code 72-10-803

  • Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
  • Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
  • Law enforcement agency: means the same as that term is defined in Section 53-3-102. See Utah Code 72-10-801
  • Person: means any individual, corporation, limited liability company, or association of individuals. See Utah Code 72-10-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Target: means a person upon whom, or an object, structure, or area upon which, another person:
         (4)(a) has intentionally collected or attempted to collect information through the operation of an unmanned aircraft system; or
         (4)(b) intends to collect or to attempt to collect information through the operation of an unmanned aircraft system. See Utah Code 72-10-801
  • Unmanned aircraft: means an aircraft that is:
         (37)(a) capable of sustaining flight; and
         (37)(b) operated with no possible direct human intervention from on or within the aircraft. See Utah Code 72-10-102
     (1)(a) may not use, copy, or disclose data collected by an unmanned aircraft system on a person, structure, or area that is not a target; and
     (1)(b) in accordance with applicable federal, state, and local laws, shall ensure that data described in Subsection (1)(a) is destroyed as soon as reasonably possible after the law enforcement agency collects or receives the data.
(2) A law enforcement agency is not required to comply with Subsection (1) if:

     (2)(a) deleting the data would also require the deletion of data that:

          (2)(a)(i) relates to the target of the operation; and
          (2)(a)(ii) is requisite for the success of the operation;
     (2)(b) the law enforcement agency receives the data:

          (2)(b)(i) through a court order that:

               (2)(b)(i)(A) requires a person to release the data to the law enforcement agency; or
               (2)(b)(i)(B) prohibits the destruction of the data; or
          (2)(b)(ii) from a person who is a nongovernment actor;
     (2)(c)

          (2)(c)(i) the data was collected inadvertently; and
          (2)(c)(ii) the data appears to pertain to the commission of a crime;
     (2)(d)

          (2)(d)(i) the law enforcement agency reasonably determines that the data pertains to an emergency situation; and
          (2)(d)(ii) using or disclosing the data would assist in remedying the emergency; or
     (2)(e) the data was collected through the operation of an unmanned aircraft system over public lands outside of municipal boundaries.