(1) A law enforcement agency may obtain, use, copy, disclose, or otherwise access electronic information or a record described in this chapter without complying with the requirements and procedures described in this chapter if the law enforcement agency obtains the electronic information or record:
(a)
- (i) from a federal law enforcement agency, a law enforcement agency in a different state, or a law enforcement agency in a different country; and
(ii) the law enforcement agency described in Subsection (1)(a)(i) obtained the electronic information or record:
- (A) in a legal manner under the constitutional requirements and any applicable laws, rules, and procedures of that jurisdiction; and
- (B) as part of an investigation of conduct that was occurring in that jurisdiction or of a person over which the law enforcement agency had jurisdiction;
(b) as part of a written interagency agreement that:
- (i) establishes a joint task force or investigative partnership with a federal law enforcement agency, a law enforcement agency in a different state, or a law enforcement agency in a different country; and
- (ii) defines the scope and purpose of the joint task force or investigative partnership; or
(c) at the law enforcement agency's request:
- (i) from a federal law enforcement agency, a law enforcement agency in a different state, or a law enforcement agency in a different country; and
- (ii) if the procedures employed to obtain the electronic information or record by the law enforcement agency described in Subsection (1)(c)(i) comply with the level of legal process that is required under this chapter.
(2) Nothing in this chapter:
- (a) limits or affects the disclosure of public records under Title 63G, Chapter 2, Government Records Access and Management Act;
- (b) affects the rights of an employer under Subsection 34-48-202(1)(e) or an administrative rule adopted under Section 63A-16-205; or
(c) limits the ability of a law enforcement agency to receive or use information, without a warrant or subpoena, from:
- (i) the National Center for Missing and Exploited Children under 18 U.S.C. Sec. 2258A; or
- (ii) information publicly or otherwise legally accessible to a law enforcement agency without a warrant, subpoena, or court order, either for free or for a fee, from a third-party data aggregator.
Enacted by Chapter 338, 2026 General Session