77-23d-105. Data use and retention. (1) Except as provided in Subsection (2), a government entity: (a) may not use, copy, or disclose data collected using an imaging surveillance device on an individual or structure that is not a target; and (b) shall ensure that data described in Subsection (1)(a) is destroyed as soon as reasonably possible after the government entity collects or receives the data. (2) A government entity is not required to comply with Subsection (1) if: (a) deleting the data would also require the deletion of data that: (i) relates to the target of the operation; and (ii) is requisite for the success of the operation; (b) the government entity receives the data: (i) through a court order that: (A) requires a person to release the data to the government entity; or (B) prohibits the destruction of the data; or (ii) from a person who is a nongovernment actor; (c) (i) the data was collected inadvertently; and (ii) the data appears to pertain to the commission of a crime; or (d) (i) the government entity reasonably determines that the data pertains to an emergency situation; and (ii) using or disclosing the data would assist in remedying the emergency.
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