Representative Scott H. Chew proposes the following substitute bill:


1     
CRIMINAL PRIVACY VIOLATION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ronald M. Winterton

5     
House Sponsor: Scott H. Chew

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to criminal privacy violation to include the capture
10     of data, information, or characteristics of property for which the owner has an
11     expectation of privacy.
12     Highlighted Provisions:
13          This bill:
14          ▸     codifies an expectation of privacy for characteristics, data, or information about an
15     owner's property that:
16               •     is not immediately apparent through routine visual observation; and
17               •     requires ground penetrating technology to capture the information about the
18     property;
19          ▸     amends the offense of privacy violation to include the capture of data, information,
20     or characteristics of property for which the owner has an expectation of privacy;
21          ▸     allows a court to order the removal of any data captured during a criminal trespass;
22     and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          76-9-402, as last amended by Laws of Utah 2017, Chapter 364
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 76-9-402 is amended to read:
34          76-9-402. Privacy violation.
35          (1) (a) A property owner has an expectation of privacy regarding characteristics, data,
36     or information pertaining to the owner's property that:
37          (i) is not immediately apparent through routine visual observation of the property; and
38          (ii) requires ground penetrating technology to detect, observe, measure, map, or
39     otherwise capture information or data about the property or characteristics of the property.
40          [(1)] (2) A person is guilty of privacy violation if, except as authorized by law, the
41     person:
42          (a) trespasses on property with intent to subject anyone to eavesdropping or other
43     surveillance in a private place;
44          (b) installs, or uses after unauthorized installation in a private place, without the
45     consent of the person or persons entitled to privacy in the private place, any device for
46     observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events in
47     the private place; [or]
48          (c) installs or uses outside of a private place a device for observing, photographing,
49     hearing, recording, amplifying, or broadcasting sounds or events originating in the private place
50     which would not ordinarily be audible, visible, or comprehensible outside the private place,
51     without the consent of the person or persons entitled to privacy in the private place[.]; or
52          (d) uses ground penetrating technology, without the consent of the property owner, to
53     detect, observe, measure, map, or otherwise capture information or data about the property or
54     characteristics of the property of another for which the property owner has an expectation of
55     privacy as described in Subsection (1).
56          [(2)] (3) A person is not guilty of a violation of this section if:
57          (a) the device used is an unmanned aircraft;
58          (b) the person is operating the unmanned aircraft for legitimate commercial or
59     educational purposes in a manner consistent with applicable Federal Aviation Administration
60     rules, exemptions, or other authorizations; and
61          (c) any conduct described in Subsection [(1)] (2) that occurs via the unmanned aircraft
62     is solely incidental to the lawful commercial or educational use of the unmanned aircraft.
63          (4) For a person who commits a violation of Subsection (2), a court may order the
64     person to remove and destroy any data collected by the person in the commission of the
65     violation of Subsection (2).
66          [(3)] (5) Privacy violation is a class B misdemeanor.
67          (6) (a) This section does not apply to lawful practices of:
68          (i) a law enforcement agency; or
69          (ii) another government entity.
70          (b) Subsection (2)(d) does not apply to a land surveyor if:
71          (i) the land surveyor is performing a survey service in good faith pursuant to a bona
72     fide contract; and
73          (ii) for any data pertaining to property not owned by a party to the contract described in
74     Subsection (6)(b)(i) that is captured incidentally by the land surveyor, the land surveyor:
75          (A) does not share, publish, sell, or distribute any incidentally captured data pertaining
76     to property that is not relevant to the contract described in Subsection (6)(b)(i); and
77          (B) upon completion of the contract, deletes or destroys any data pertaining to property
78     that is not the subject of the contract.