Summary of Utah S.B. 250 (2023) - Public Surveillance Amendments

This bill updates Utah’s rules around how government agencies use technology to read and collect information from license plates on vehicles. Here are the key points explained in simple terms:

Main Changes and What They Mean

• Defining Terms: The bill clearly explains important words like what an "automatic license plate reader system" is (basically cameras + software that read license plates automatically).
• Using License Plate Readers by Law Enforcement: Police and other law enforcement can use these systems only for specific reasons like:
  • Investigating crimes.
  • Finding missing or endangered people.
  • Locating stolen vehicles.
  • Carrying out active investigations or catching people with warrants.
• Use by Other Agencies: Other public groups, such as parking enforcement, universities, and public transit, can also use this technology but only for clear and approved purposes like enforcing parking rules or doing research (with anonymized data).
• Use of Private Data: Law enforcement can use license plate data collected by private businesses only in certain situations and must follow strict rules, including getting court approval.
• Special Permits for Use on State Highways: If law enforcement wants to install license plate reader cameras on state highways, they must get a special permit from the Department of Transportation first.
• Transparency and Public Rules: Agencies must have written policies about how they use and manage license plate reader systems, and these policies must be posted online where the public can see them.
• Data Handling Rules:
  • Data collected (like photos, time, location, and plate numbers) must only be used for approved reasons.
  • Normally, data can't be kept longer than nine months unless it’s needed for an investigation or court order.
  • Captured data can’t be sold, and sharing is limited to specific authorized uses.
  • If data is kept for toll collection, the nine-month rule doesn't apply.
  • Agencies must delete data that isn’t needed as soon as possible in a way it can’t be recovered.
• Requests to Preserve Data:
  • People involved in cases can ask the agencies to keep certain license plate data for 14 days pending a court decision.
  • Courts can order agencies to share data if it is relevant to an investigation.
• Recordkeeping: Law enforcement must keep records of how often they search through license plate data, linked to criminal cases, for at least five years.
• Penalties: Anyone who knowingly misuses or wrongly shares license plate data can be charged with a misdemeanor (a minor criminal offense).
• Rules for Permits: The Department of Transportation will create rules about issuing special permits for placing license plate reader devices on highways, including limits on the number, safety precautions, and penalties if conditions aren’t met.

Why This Matters

This bill helps make sure license plate reader technology is used responsibly by government agencies, balancing public safety interests with people’s privacy rights. It sets clear boundaries about when and how this technology can be used, how data must be handled, and ensures transparency to the public about these practices.

In short, the bill strengthens privacy protections, encourages responsible data management, and increases public trust in government surveillance activities related to license plate readers.