UtahH.B. 2612026 General SessionHouse

Electronic Information Privacy Act Amendments

Sponsored By: Jason B. Kyle (Republican)

Signed by Governor

Electronic PrivacyElectronic InformationPeace OfficersLaw Enforcement and Criminal Justice

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 1 costs, 0 mixed.

Police face safeguards against unlawful data access

Beginning May 6, 2026, Utah police cannot use or hire third parties to bypass the law’s electronic privacy rules. They must follow the law or use an expressly allowed exception. Owners whose devices or information are searched under a warrant must receive the warrant and a written notice identifying the offense, agency, acquisition date, and any notice delay. Notice can be delayed for threats to life, risks to an investigation, or fugitive apprehension, subject to the law’s deadlines and extensions. Courts apply constitutional evidence-exclusion rules to unlawfully accessed data and evidence derived from it; exclusion is not automatic.

Stronger warrant rules protect your electronic data

Beginning May 6, 2026, Utah police generally need a probable-cause warrant to get covered electronic data and subscriber records. This covers device locations, stored data, communications, and customer details such as credit card and bank account numbers. Listed exceptions include informed consent, public disclosure, court-recognized exceptions, stolen-device location searches, and provider disclosures allowed by the law. Police generally cannot use, copy, or share data outside the warrant’s scope and must permanently destroy it as soon as reasonably possible. They may use transmitted data from a device communicating with the target device when reasonably needed to meet the warrant’s goal.

Police retain routes to shared electronic data

Beginning May 6, 2026, Utah police can receive data another jurisdiction legally obtained for its own investigation within its authority. Written joint-task-force or investigative-partnership agreements also allow access and must define the partnership’s scope and purpose. When Utah police ask another agency to obtain data, that agency must meet Utah’s required level of legal process. Police may obtain data from third-party aggregators, free or for a fee, when legally accessible without a warrant, subpoena, or court order. The law also preserves public-record disclosures, specified employer rights, and police use of information from the National Center for Missing and Exploited Children under federal law.

Legal protection for cooperating service providers

Beginning May 6, 2026, covered communications and remote computing providers receive protection from civil liability for good-faith assistance under this law. The protection covers information, facilities, and other help they provide. It also covers their officers, employees, agents, and other listed associated people.

Sponsors & Cosponsors

Sponsor

Jason B. Kyle
Republican • House

Cosponsors

Todd Weiler
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 119 • No: 5

Senate vote • 3/6/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 22 • No: 5

Senate vote • 2/25/2026

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

House vote • 2/19/2026

House/ passed 3rd reading

Yes: 71 • No: 0

House vote • 2/19/2026

House/ floor amendment

Yes: 0 • No: 0

House vote • 2/11/2026

House Comm - Favorable Recommendation

Yes: 11 • No: 0