(1) A law enforcement agency or officer may not obtain, receive, or use data acquired through an unmanned aircraft system unless the data is obtained: (a) in accordance with a search warrant; (b) in accordance with judicially recognized exceptions to warrant requirements; (c) subject to Subsection (2), from a person who is a nongovernment actor; (d) to locate a lost or missing individual in an area in which an individual has no reasonable expectation of privacy; or (e) in a manner that does not violate a reasonable expectation of privacy. (2) A law enforcement officer or agency may only use for law enforcement purposes data obtained from a nongovernment actor if: (a) the data appears to pertain to the commission of a crime; or (b) the law enforcement agency or officer believes, in good faith, that: (i) the data pertains to an imminent or ongoing emergency involving danger of death or serious bodily injury to an individual; and (ii) disclosing the data would assist in remedying the emergency. (3) A law enforcement agency or officer that obtains, receives, or uses data acquired through the use of an unmanned aircraft system or through Subsection (2) shall destroy the data as soon as reasonably possible after the law enforcement agency or officer obtains, receives, or uses the data subject to an applicable retention schedule under Title 63G, Chapter 2, Government Records Access and Management Act, or a federal, state, or local law. (4) This section applies to an imaging surveillance device, as defined in Section 77-23d-102, when used in conjunction with an unmanned aircraft system.
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