UtahUtah limits defense access to victims’ and witnesses’ private electronic data
Utah law limits access to victims’ and witnesses’ private electronic information while allowing defense lawyers to seek controlled review for a criminal case.
What it does
Defense lawyers can request controlled access to protected private data from victims or witnesses. Courts may approve access for sufficient reasons, with safeguards on copies and sharing.
Defendants without lawyers cannot review protected private data themselves. A court must appoint a lawyer for this limited task when requested and necessary for a fair proceeding.
Police and prosecutors must protect private victim or witness data and make reasonable efforts to separate evidence from it. They must work toward secure online review when feasible.
Prosecutors must disclose required electronic evidence and identify devices police handled. Intimate images within protected private data generally cannot be disclosed, though that protection can be overcome.
Argument forLimits on copying and sharing could reduce the risk that victims’ or witnesses’ private information spreads beyond a criminal case.
Argument againstPeople defending themselves could find case preparation harder because they cannot search protected private data themselves and must seek a lawyer’s help.
More detail
Defense lawyers may request copies, secure online review, or review at the agency’s facility. They may also ask a court for access. Protected data is private electronic information from victims or witnesses, excluding evidence that must be disclosed. Data outside agency possession is available only through the specified court-rule process or voluntary sharing by the victim or witness. Lawyers cannot copy data during online or facility review but may request copies of material they believe is evidence. Prosecutors granting copy requests must include an agreed protective order governing use, sharing, and return or disposal. Court approval requires a sufficient reason under court rules. For copies, judges must weigh defense needs, review burdens, privacy, and other relevant factors. Court orders allowing copies must limit copying, viewers, storage, and disposal when prosecution ends. These access rules took effect on May 6, 2026.
Defendants without lawyers cannot directly access, view, search, or copy protected victim or witness data. The restriction covers defendants representing themselves and defendants who have not yet hired or been appointed a lawyer. On a request by the defendant or court, the court must appoint a lawyer if the defendant seeks access and a search is necessary for a fair proceeding. The lawyer searches for evidence or obtains evidence copies under the access rules. The lawyer is paid under public defense rules regardless of the defendant’s eligibility for public defense. This appointment does not require representation in the full case. The restriction and appointment rules took effect on May 6, 2026.
Police and prosecuting agencies must make reasonable efforts to separate evidence from protected private data and adopt policies protecting that data. These duties concern protected private data from victims or witnesses. Unless an exception applies, data held by agencies stays under police, prosecutor, or court control. Agencies must reasonably ensure evidence is collected and work toward secure online review when technically and operationally feasible. Policies must limit data use to legitimate police and prosecution purposes and require a controlled setting that protects privacy. Necessary information may still go to the Utah Office for Victims of Crime or the Board of Pardons and Parole for victim services or notification. These agency duties took effect on May 6, 2026.
Prosecutors must disclose required electronic evidence and tell defendants about devices police handled during the investigation. Electronic evidence is case-related electronic information that must be disclosed under court rules and constitutional requirements. Device notices concern the investigation of the charged offense. When disclosing electronic evidence, prosecutors must identify devices police received, searched, or downloaded, where they came from, and whether they yielded evidence. Prosecutors generally cannot disclose intimate images within protected private data, but that presumption can be overcome. The law preserves defendants’ constitutional rights and grants no rights beyond the cited court rules and constitutions. These disclosure rules took effect on May 6, 2026.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 23Governor Spencer Cox SignedBecame Law
- Mar 13Senate/ to GovernorTo Governor
- Mar 13Senate/ received enrolled bill from PrintingMinor
- Mar 11Senate/ enrolled bill to Printing
- Mar 11Enrolled Bill Returned to House or SenateMinor
- Mar 10Draft of Enrolled Bill Prepared
- Mar 10Bill Received from Senate for EnrollingMinor
- Mar 7Senate/ signed by President/ sent for enrollingMajor
- Mar 7Senate/ received from HouseMinor
- Mar 6House/ to Senate
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Mar 6House/ signed by Speaker/ returned to SenateMajor
- Mar 6House/ passed 3rd readingPassed House
- Mar 6House/ 3rd readingMinor
- Mar 6House/ Rules to 3rd Reading Calendar
- Mar 5House/ 3rd Reading Calendar to Rules [House Rules Committee]Minor
- Mar 5House/ 2nd readingMinor
- Mar 5House/ committee report favorable [House Economic Development and Workforce Services Committee]Minor
- Mar 4House Comm - Favorable Recommendation [House Economic Development and Workforce Services Committee]Minor
- Mar 4House/ to standing committee [House Economic Development and Workforce Services Committee]Minor
- Mar 4House/ 1st reading (Introduced)Minor
- Mar 3House/ received from SenateMinor
- Vote recorded Senate/ passed 2nd & 3rd readings/ suspension. Result: pass.Upper
- Mar 3Senate/ to House
- Mar 3Senate/ passed 2nd & 3rd readings/ suspensionPassed Senate
- Mar 3Senate/ substituted
- Mar 3Senate/ uncircled
- Mar 3LFA/ fiscal note publicly available for SB0290S03
- Mar 3LFA/ fiscal note sent to sponsor for SB0290S03
- Mar 3LFA/ bill sent to agencies for fiscal input for SB0290S03
- Mar 3LFA/ bill assigned to staff for fiscal analysis for SB0290S03
- Mar 2Senate/ circled
- Mar 2Senate/ 2nd & 3rd readings/ suspensionMinor
- Feb 25Senate/ placed on 2nd Reading Calendar
- Feb 25Senate/ comm rpt/ substituted [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]
- Feb 25Senate Comm - Favorable Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 25Senate Comm - Substitute Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Major
- Feb 24LFA/ fiscal note publicly available for SB0290S02
- Feb 24LFA/ fiscal note sent to sponsor for SB0290S02
- Feb 24LFA/ fiscal note publicly available for SB0290S01
- Feb 24LFA/ fiscal note sent to sponsor for SB0290S01
- Feb 24LFA/ bill sent to agencies for fiscal input for SB0290S02
- Feb 24LFA/ bill assigned to staff for fiscal analysis for SB0290S02
- Feb 20LFA/ bill sent to agencies for fiscal input for SB0290S01
- Feb 20LFA/ bill assigned to staff for fiscal analysis for SB0290S01
- Feb 20Senate Comm - Not Considered [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]
- Feb 18Senate Comm - Not Considered [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]
- Feb 17Senate/ received fiscal note from Fiscal AnalystMinor
- Feb 17LFA/ fiscal note publicly available for SB0290
- Feb 17LFA/ fiscal note sent to sponsor for SB0290
- Feb 17Senate/ to standing committee [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 12Senate/ 1st reading (Introduced)Minor
- Feb 12Senate/ received bill from Legislative ResearchMinor
- Feb 12LFA/ bill sent to agencies for fiscal input for SB0290
- Feb 12LFA/ bill assigned to staff for fiscal analysis for SB0290
- Feb 12Numbered Bill Publicly Distributed
- Feb 12Bill Numbered but not DistributedIntroduced
Criminal JusticeAI & Privacy