8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to protection of personal information of certain
11 public safety employees.
12 Highlighted Provisions:
13 This bill:
14 ▸ creates and modifies definitions;
15 ▸ modifies requirements and prohibitions relating to protection of personal
16 information of certain public safety employees; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 53-18-102, as last amended by Laws of Utah 2019, Chapter 402
25 53-18-103, as last amended by Laws of Utah 2019, Chapter 402
27 53-18-101, 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:
33 53-18-102. Definitions.
34 As used in this chapter:
35 (1) "Access software provider" means a provider of software, including client or server
36 software, or enabling tools that do any one or more of the following:
37 (a) filter, screen, allow, or disallow content;
38 (b) pick, choose, analyze, or digest content; or
39 (c) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or
40 translate content.
41 (2) "Correctional facility" means the same as that term is defined in Section
43 (3) "Dispatcher" means the same as that term is defined in Section 53-6-102.
45 employee's spouse, child, parent, or grandparent who resides with the [
48 Subsection 47 U.S.C. 230(f).
50 (a) means the same as that term is defined in Section 53-13-103;
51 (b) includes [
52 (c) refers only to officers who are currently employed by, retired from, or were killed in
53 the line of duty while in the employ of a state or local governmental law enforcement agency.
56 immediate family member's home address, home telephone number, personal mobile telephone
57 number, personal pager number, personal email address, or personal photograph, directions to
58 locate the [
60 employee's immediate family member's home or vehicle[
61 (b) "Personal information" includes a record or a part of a record that:
62 (i) a [
63 government employee under Section 63G-2-303 requests to be classified as private under
64 Subsection 63G-2-302(1)(h); and
65 (ii) is classified as private under Title 63G, Chapter 2, Government Records Access
66 and Management Act.
67 (8) "Public safety employee" means:
68 (a) a law enforcement officer;
69 (b) a dispatcher; or
70 (c) a current or retired employee or contractor of:
71 (i) a law enforcement agency; or
72 (ii) a correctional facility.
74 otherwise make available to the general public.
75 Section 2. Section 53-18-103 is amended to read:
76 53-18-103. Internet posting of personal information of public safety employees --
78 (1) (a) A state or local governmental agency that [
79 described in Subsection (1)(b) from a [
80 not publicly post on the Internet the personal information of [
81 public safety employee employed by the state or [
83 (b) Each state or local government agency employing [
84 public safety employee shall:
85 (i) provide a form for [
86 concealment of the [
87 local government agencies' publicly accessible websites and databases;
88 (ii) inform the [
90 (iii) upon request, assist [
91 (iv) include on the form a disclaimer informing the [
92 that by submitting a completed form the [
93 official announcements affecting the [
94 notices about proposed annexations, incorporation, or zoning modifications; and
95 (v) require a form submitted by a [
96 be signed by:
97 (A) for a public safety employee who is a law enforcement officer, the highest ranking
98 elected or appointed official in the officer's chain of command certifying that the individual
99 requesting removal or concealment is a law enforcement officer[
100 (B) for a public safety employee who is not a law enforcement officer, the public safety
101 employee's supervisor.
102 (2) A county clerk, upon receipt of the form described in Subsection (1)(b) from a [
104 (a) classify the [
105 record in the lieutenant governor's statewide voter registration database developed under
106 Section 20A-2-109 as a private record; and
107 (b) classify the [
108 and marriage license applications, if any, as private records.
109 (3) A county recorder, treasurer, auditor, or tax assessor, upon receipt of the form
110 described in Subsection (1)(b) from a [
111 completed and submitted under this section, shall:
112 (a) provide a method for the assessment roll and index and the tax roll and index that
113 will block public access to the [
114 information; and
115 (b) provide to the [
116 form a written disclaimer informing the [
117 public safety employee may not receive official announcements affecting the [
118 safety employee's property, including notices about proposed annexations, incorporations, or
119 zoning modifications.
120 (4) A form submitted under this section remains in effect for the shorter of:
121 (a) four years from the date on which the form was signed by the [
122 employee, regardless of whether the [
123 is terminated during the four years; or
124 (b) one year after official notice of the [
125 employee's death is transmitted by the [
126 the [
127 agencies that are reasonably expected to have records containing personal information of the
128 deceased [
129 (5) Notwithstanding Subsection (4), the [
130 employee, or the [
131 safety employee is deceased, may rescind the form at any time.
132 (6) (a) An individual may not, with intent to frighten or harass [
135 employee is a [
137 Subsection (6)(a) is a class B misdemeanor.
140 immediate family, is a class A misdemeanor.
142 (6)(a) is a separate offense.
143 (ii) [
144 other criminal conduct related to the commission of an offense under [
145 (7) (a) A business or association may not publicly post or publicly display on the
146 Internet the personal information of [
147 employee if the public safety employee has, either directly or through an agent designated
148 under Subsection (7)(c), provided to that business or association a written demand to not
149 disclose the [
150 (b) A written demand made under [
152 delivered, regardless of whether [
153 employee's employment as [
155 (c) A [
157 enforcement officer, a representative of [
158 enforcement officers to act on behalf of the officer and as the officer's agent to make a written
159 demand [
160 (d) (i) A business or association that receives a written demand from a [
163 including the removal of information provided to cellular telephone applications, within 24
164 hours of the delivery of the written demand, and shall ensure that the information is not posted
165 again on the same Internet website or any other Internet website over which the recipient of the
166 written demand maintains or exercises control [
167 (ii) After receiving the [
168 demand, the person, business, or association may not publicly post or publicly display on the
169 Internet, the personal information of the [
170 (iii) This Subsection (7)(d) does not prohibit a telephone corporation, as defined in
171 Section 54-2-1, or [
172 including providers of interconnected voice over Internet protocol service as defined in 47
173 C.F.R. 9.3, from transferring the [
174 information to any person, business, or association, if the transfer is authorized by federal or
175 state law, regulation, order, terms of service, or tariff, or is necessary in the event of an
176 emergency, or to collect a debt owed by the [
177 corporation or its affiliate.
178 (iv) This Subsection (7)(d) does not apply to a telephone corporation or other voice
179 service provider, including providers of interconnected voice over Internet protocol service,
180 with respect to directories or directories listings to the [
181 nonpublished listing option.
182 (8) (a) A [
183 is made public as a result of a violation of Subsection (7) may bring an action seeking
184 injunctive or declarative relief in [
185 (b) If a court finds that a violation has occurred, [
186 declarative relief and shall award the [
187 costs and reasonable attorney fees.
188 (c) If the defendant fails to comply with an order of the court issued under [
189 Subsection (8)(b), the court may impose a civil penalty of not more than $1,000 for the
190 defendant's failure to comply with the court's order.
191 (9) (a) A person, business, or association may not solicit, sell, or trade on the Internet
192 the personal information of a [
193 (i) the dissemination of the personal information poses an imminent and serious threat
194 to the [
196 (ii) the person making the information available on the Internet knows or reasonably
197 should know of the imminent and serious threat.
198 (b) (i) [
199 information is knowingly publicly posted or publicly displayed on the Internet may bring an
200 action in [
201 (ii) If a jury or court finds that a defendant has committed a violation of Subsection
202 (9)(a), the jury or court shall award damages to the [
203 amount of triple the cost of actual damages or $4,000, whichever is greater.
204 (10) An interactive computer service or access software is not liable under Subsections
205 (7)(d)(i) and (9) for information or content provided by another information content provider.
206 (11) Unless a state or local government agency receives a completed form directly from
208 state or local government official who makes information available for public inspection in
209 accordance with state law is not in violation of this chapter.
210 Section 3. Repealer.
211 This bill repeals:
212 Section 53-18-101, Title.