Captured plate data -- Preservation and disclosure.

Utah Code § 41-6a-2004, under Part 41-6a-20: Automatic License Plate Reader System Act.

Utah Code § 41-6a-2004

41-6a-2004. Captured plate data -- Preservation and disclosure.

(1) Captured plate data obtained for the purposes described in Section: 41-6a-2003 in accordance with Section, is a protected record under, if the captured plate data is maintained by a governmental entity; 63G-2-305 Title 63G, Chapter 2, Government Records Access and Management Act may not be used or shared for any purpose other than the purposes described in Section; 41-6a-2003 except as provided in Subsection, may not be preserved for more than nine months by a governmental entity except pursuant to: (3) a preservation request under Section; 41-6a-2005 a disclosure order under Subsection; or 41-6a-2005(2) a warrant issued under the Utah Rules of Criminal Procedure or an equivalent federal warrant; and may only be disclosed: in accordance with the disclosure requirements for a protected record under Section; 63G-2-202 pursuant to a disclosure order under Subsection; or 41-6a-2005(2) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an equivalent federal warrant.

(2) A governmental entity that is authorized to use an automatic license plate reader system under this part may not sell captured plate data for any purpose. A governmental entity that is authorized to use an automatic license plate reader system under this part may not share or use captured plate data for a purpose not authorized under Subsection. 41-6a-2003(2) Notwithstanding the provisions of this section, a governmental entity may preserve and disclose aggregate captured plate data for planning and statistical purposes if the information identifying a specific license plate is not preserved or disclosed.

(3) Plate data collected in accordance with Sectionmay be preserved so long as necessary to collect the payment of a toll or penalty imposed in accordance with Sectionand the nine-month preservation limitation described in Subsectionshall not apply. 72-6-118 72-6-118 (1)(c)

(4) Except as provided in Subsectionsthrough, a governmental entity shall destroy as soon as reasonably possible, in an unrecoverable manner, plate data obtained pursuant to this chapter that is not specifically necessary to achieve the authorized objectives under Subsection. (1)(c)(i) (1)(c)(iii) 41-6a-2003(2) Subsectionapplies to data a governmental entity obtains: (4)(a) from a nongovernmental entity pursuant to a warrant; or from an automatic license plate reader system owned or operated by a governmental entity.