HB 366: Access to Communication Device Location Information Amendments - Utah

Enrolled → Amended Excerpts 2/20/2025 16:02:242 · 2 edits

MINOR

The bill was amended to add a new provision clarifying that mobile telecommunications services are not required to provide location information if doing so would violate federal or state law. This creates a legal shield for carriers who might otherwise face liability concerns when sharing sensitive data.

Scope change

The bill's scope now includes an explicit exemption for carriers from providing information that would violate existing federal or state laws, potentially limiting the circumstances under which location data must be shared.

REQUIREMENT

Added a new subsection stating that mobile telecommunications services are not required to provide location information if doing so would violate federal or state law.

TECHNICAL

Reorganized the liability protection language by splitting it into two separate subsections for clarity and consistency with the bill structure.

Amended 2/20/2025 16:02:242 → Substitute #1 · 4 edits

MODERATE

This bill amends Utah's communication device location information laws to expand when law enforcement can request location data. The changes add a new category for urgent missing person cases, clarify procedures for prioritizing requests, and update several definitions to align with current terminology.

Scope change

The bill expands eligibility for location data requests to include missing individuals who may be in danger of physical harm, in addition to emergency response situations and imminent risk of death or serious bodily injury.

ELIGIBILITY

Added a new circumstance allowing law enforcement to request location information for missing individuals when the agency has prioritized the request as urgent based on a determination that the individual may be in danger of physical harm.

DEFINITION

Updated and renumbered definitions to clarify terms like 'communication device data' and 'communication device location information', and adjusted letter designations for consistency.

REQUIREMENT

Modified procedures requirements to specify that law enforcement agencies must use a method to identify different types of requested information when mobile telecommunications services establish procedures for providing location data.

TECHNICAL

Made technical and conforming changes to section numbering, formatting, and cross-references throughout the bill text.

Amended Excerpts 2/20/2025 16:02:242 → Amended 2/20/2025 16:02:242 · 4 edits

MODERATE

This bill updates Utah's law regarding when mobile telecommunications services must provide location information to law enforcement. The changes expand the circumstances under which location data must be shared, add new categories of data that can be requested, and clarify procedures for urgent warrants involving missing persons in danger.

Scope change

The bill expands the scope of situations requiring immediate location information disclosure, specifically adding urgent missing person warrants to the list of qualifying circumstances.

ELIGIBILITY

Added urgent missing person warrants as a qualifying circumstance for immediate location information disclosure, requiring law enforcement to prioritize the warrant based on a determination that the person may be in danger of physical harm.

DEFINITION

Added new definitions for 'communication device data' including call logs, GPS tracking data, application data, browser history, email records, photos and videos, SMS/MMS messages, and contact details.

REQUIREMENT

Modified requirements to allow mobile telecommunications services to establish procedures for identifying different types of requested information when responding to law enforcement requests.

TIMELINE

Set the effective date of the bill to May 7, 2025.

Substitute #1 → Substitute #2 · 4 edits

MODERATE

This bill update changes how law enforcement can access mobile device location data by replacing 'requests' with 'warrants' for urgent missing person cases and adding a new requirement that providers must not share information if it would violate federal or state law.

Scope change

The bill now specifically requires warrants for urgent missing person cases rather than just prioritized requests, and adds a new exemption protecting providers from liability when sharing would violate other laws.

ELIGIBILITY

Changed the requirement from prioritized 'requests' to prioritized 'warrants' for accessing location data of missing individuals in danger.

REQUIREMENT

Added a new provision requiring mobile services to refuse requests that would violate federal or state law.

DEFINITION

Modified the definition of communication device data to specify that included data must help reveal the device's location.

TECHNICAL

Updated references to align with federal law 18 U.S.C. Sec. 2702(b)(8) for voluntary response procedures.

Introduced → Enrolled · 5 edits · Mar 26, 2025

MODERATE

This bill updates Utah's law regarding when mobile telecommunications services must provide location information to law enforcement. The main changes include expanding the types of data that can be shared, clarifying definitions to include modern communication devices, and adding new circumstances under which urgent location requests can be made, particularly for missing individuals with warrants prioritized as urgent.

Scope change

The bill expands the scope from just 'call location information' to 'communication device location information,' which includes a broader range of data types like GPS tracking, app data, and browser history.

DEFINITION

Redefines 'call location information' to 'communication device location information' and adds a new definition for 'communication device data' that includes call logs, GPS data, app data, browser history, emails, photos, messages, and contact details.

Adds a definition for 'serious bodily injury' to ensure consistency with state law.

ELIGIBILITY

Adds a new circumstance where law enforcement can request location information if they have a warrant for a missing individual that is prioritized as urgent based on a determination that the person may be in danger of physical harm.

REQUIREMENT

Updates the requirement for mobile service providers to establish procedures for identifying different types of requested information, including distinguishing between emergency situations and prioritized warrants.

TECHNICAL

Adds a reference to 18 U.S.C. Sec. 2702(b)(8) as the legal basis for mobile service providers' response procedures.

Access to Communication Device Location Information Amendments

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