With the pace of technological innovation and increased government surveillance, it's no surprise that privacy concerns are on the rise. SB231, introduced by Senator Daniel McKay, would curb unwarranted biometric surveillance by government agencies and address this critical privacy issue. This bill is evidence of Utah's continued focus on protecting individual liberties, which is certainly welcome in an era of unprecedented government surveillance of technology.
SB231, which passed unanimously in the Senate and received overwhelming support in the House, would prohibit government agencies from conducting biometric surveillance of citizens throughout the state, with certain exceptions. amend. This means that without a warrant, it is illegal for governments or police to use biometric software to analyze an individual's physical attributes or appearance in order to identify or locate them. means. This is the kind of behavior you would expect to see in a Jason Bourne movie or movie. “Minority Report”.
These guardrails serve as an important protective barrier for Utahns, ensuring their privacy is not violated just by leaving their homes and moving through their communities. At the same time, the McKay bill gives law enforcement some flexibility to avoid warrant requirements in cases of violent felonies or threats to public safety that involve threats of violence. Such a scenario would still require documented reasonable suspicion. In addition, certain publicly owned or operated spaces, such as airports, courthouses, public and charter schools, critical infrastructure owned or operated by government agencies, and buildings owned or leased by law enforcement agencies or correctional facilities. will also be given a carve-out.
The importance of these privacy amendments is seen in the broader national context, where states led by both Republicans and Democrats are devoting significant time and energy to reforming consumer data privacy laws. It gets even bigger. With so much focus on how private companies handle data, the risks associated with how public agencies use it are often overlooked. In passing this bill, Utah lawmakers continue to demonstrate how important it is to not give the government a free pass when it comes to using data to enforce the law.
More than just a legal provision, SB231 is a blueprint for a future where technology, privacy, and government work together instead of at odds. This is reflected in efforts by various law enforcement stakeholders to balance privacy and public safety.
This move toward stronger privacy protections represents a necessary step to ensure that technological advances do not come at the expense of fundamental rights. With SB231, Utah is choosing a legacy of respect, protection, and privacy.
David Iglesias is a state government affairs associate at the Libertas Institute.
