7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to publicly available personal information of law
10 enforcement officers.
11 Highlighted Provisions:
12 This bill:
13 ▸ creates a process by which a law enforcement officer may have their own personal
14 information removed from publicly available state or local government sites;
15 ▸ requires that the law enforcement officer deliver copies of a form to the affected
16 state or local government agency;
17 ▸ provides that the ban on the information may remain in place for up to four years;
19 ▸ makes conforming and technical amendments.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 53-18-102, as enacted by Laws of Utah 2017, Chapter 266
27 53-18-103, as enacted by Laws of Utah 2017, Chapter 266
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53-18-102 is amended to read:
31 53-18-102. Definitions.
32 As used in this chapter:
33 (1) "Access software provider" means a provider of software, including client or server
34 software, or enabling tools that do any one or more of the following:
35 (a) filter, screen, allow, or disallow content;
36 (b) pick, choose, analyze, or digest content; or
37 (c) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or
38 translate content.
39 (2) "Immediate family member" means a law enforcement officer's spouse, child [
41 the officer.
42 (3) "Interactive computer service" means the same as that term is defined in Subsection
43 47 U.S.C. 230(f).
44 (4) "Law enforcement officer" or "officer":
45 (a) means the same as that term is defined in Section 53-13-103;
46 (b) includes "correctional officers" as defined in Section 53-13-104; and
47 (c) refers only to officers who are currently employed by, retired from, or were killed in
48 the line of duty while in the employ of a state or local governmental law enforcement agency.
49 (5) "Personal information" means a law enforcement officer's or law enforcement
50 officer's immediate family member's address, telephone number, personal mobile telephone
51 number, pager number, personal email address, personal photograph, directions to locate the
52 law enforcement officer's home, or photographs of the law enforcement officer's or the officer's
53 immediate family member's home or vehicle.
54 (6) "Publicly post" or "publicly display" means to intentionally communicate or
55 otherwise make available to the general public.
56 Section 2. Section 53-18-103 is amended to read:
57 53-18-103. Internet posting of personal information of law enforcement officers --
59 (1) (a) A state or local governmental agency that has received the form described in
60 Subsection (1)(b) from a law enforcement officer may not publicly post on the Internet the
61 personal information of any law enforcement officer employed by the state or any political
62 subdivision [
64 (b) Each state or local government agency employing law enforcement officers shall:
65 (i) provide a form for an officer to request the removal or concealment of the officer's
66 personal information from the state or local government agencies' publicly accessible websites
67 and databases;
68 (ii) inform the officer how to submit a form under this section;
69 (iii) upon request, assist an officer in completing the form; and
70 (iv) include on any form a disclaimer informing the officer that by submitting a
71 completed form the officer may not receive official announcements affecting the officer's
72 property, including notices about proposed annexations, incorporation, or zoning
74 (2) A county clerk, upon receipt of the form described in Subsection (1)(b) from a law
75 enforcement officer, completed and submitted under this section, shall:
76 (a) classify the law enforcement officer's voter registration record in the lieutenant
77 governor's statewide voter registration database developed under Section 20A-2-109 as a
78 private record; and
79 (b) classify the law enforcement officer's marriage licenses and marriage license
80 applications, if any, as private records.
81 (3) A county recorder, treasurer, auditor, or tax assessor, upon receipt of the form
82 described in Subsection (1)(b) from a law enforcement officer, completed and submitted under
83 this section, shall:
84 (a) provide a method for the assessment roll and index and the tax roll and index that
85 will block public access to the law enforcement officer's personal information; and
86 (b) provide to the law enforcement officer who submits the form a written disclaimer
87 informing the officer that the officer may not receive official announcements affecting the
88 officer's property, including notices about proposed annexations, incorporations, or zoning
90 (4) A form submitted under this section remains in effect for the shorter of:
91 (a) four years from the date on which the form was signed by the officer, regardless of
92 whether the officer's qualifying employment is terminated during the four years; or
93 (b) one year after official notice of the law enforcement officer's death is transmitted by
94 the officer's immediate family or the officer's employing agency to all state and local
95 government agencies that are reasonably expected to have records containing personal
96 information of the deceased officer.
97 (5) Notwithstanding Subsection (4), the law enforcement officer, or the officer's
98 immediate family if the officer is deceased, may rescind the form at any time.
100 enforcement officer, publicly post on the Internet the personal information of any law
101 enforcement officer [
102 law enforcement officer [
104 (a) A violation of this Subsection (2) is a class B misdemeanor.
105 (b) A violation of this Subsection (2) that results in bodily injury to the officer, or a
106 member of the officer's immediate family, is a class A misdemeanor.
107 (c) Each act against a separate individual in violation of this Subsection (2) is a
108 separate offense. The defendant may also be charged separately with the commission of any
109 other criminal conduct related to the commission of an offense under this Subsection (2).
111 Internet the personal information of any law enforcement officer if that officer has, either
112 directly or through an agent designated under Subsection (3)(c), provided to that business or
113 association a written demand to not disclose the officer's personal information.
114 (b) A written demand made under this Subsection (3) by a law enforcement officer is
115 effective for four years beginning on the day the demand is delivered, regardless of whether or
116 not the law enforcement officer's employment as an officer has terminated during the four
118 (c) A law enforcement officer may designate in writing the officer's employer or a
119 representative of any voluntary professional association of law enforcement officers to act on
120 behalf of the officer and as the officer's agent to make a written demand pursuant to this
122 (d) (i) A business or association that receives a written demand from a law enforcement
123 officer under Subsection (3)(a) shall remove the officer's personal information from public
124 display on the Internet, including the removal of information provided to cellular telephone
125 applications, within 24 hours of the delivery of the written demand, and shall ensure that the
126 information is not posted again on the same Internet website or any other Internet website the
127 recipient of the written demand maintains or exercises control over.
128 (ii) After receiving the law enforcement officer's written demand, the person, business,
129 or association may not publicly post or publicly display on the Internet, the personal
130 information of the law enforcement officer.
131 (iii) This Subsection (3)(d) does not prohibit a telephone corporation, as defined in
132 Section 54-2-1, or its affiliate or other voice service provider, including providers of
133 interconnected voice over Internet protocol service as defined in 47 C.F.R. 9.3, from
134 transferring the law enforcement officer's personal information to any person, business, or
135 association, if the transfer is authorized by federal or state law, regulation, order, terms of
136 service, or tariff, or is necessary in the event of an emergency, or to collect a debt owed by the
137 officer to the telephone corporation or its affiliate.
138 (iv) This Subsection (3)(d) does not apply to a telephone corporation or other voice
139 service provider, including providers of interconnected voice over Internet protocol service,
140 with respect to directories or directories listings to the extend the entity offers a nonpublished
141 listing option.
143 result of a violation of Subsection [
144 declarative relief in any court of competent jurisdiction.
145 (b) If a court finds that a violation has occurred, it may grant injunctive or declarative
146 relief and shall award the law enforcement officer court costs and reasonable attorney fees.
147 (c) If the defendant fails to comply with an order of the court issued under this
148 Subsection [
149 defendant's failure to comply with the court's order.
151 Internet the personal information of a law enforcement officer, if the dissemination of the
152 personal information poses an imminent and serious threat to the law enforcement officer's
153 safety or the safety of the law enforcement officer's immediate family and the person making
154 the information available on the Internet knows or reasonably should know of the imminent
155 and serious threat.
156 (b) A law enforcement officer whose personal information is knowingly publicly
157 posted or publicly displayed on the Internet may bring an action in any court of competent
158 jurisdiction. If a jury or court finds that a defendant has committed a violation of Subsection
160 of actual damages or $4,000, whichever is greater.
162 Subsections [
163 information content provider.
165 from the law enforcement officer [
167 Subsection (1), a state or local government official who makes information available for public
168 inspection in accordance with [
Legislative Review Note
Office of Legislative Research and General Counsel