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AFP Applauds Legislature, Governor for Protecting Utahn’s Digital Privacy

Mar 29, 2019 by AFP

SALT LAKE CITY, Utah – Americans for Prosperity-Utah lauded the legislature and Governor Herbert for enacting first-of-its-kind data privacy legislation that reflects the unique role data, and third-party storage of that data, plays in modern American life.

House Bill 57 states that an individual who sends electronic information through a remote computing service – like the “cloud” – has a reasonable expectation of privacy regarding the information. The bill goes on to state that in order to obtain or disclose that data, the government has to obtain a warrant.

“Utah is leading the way to enact privacy protections that address the inseparable role electronic information plays in our lives,” said AFP-Utah State Director Heather Williamson. “This legislation follows through on the Supreme Court’s recognition that digital information deserves protection under the Fourth Amendment. It’s great to see Utah lawmakers come together on such a vital issue. We hope other states see this as model legislation that addresses needed privacy protections in a rapidly evolving, tech-centric society.”

This past June, the United States Supreme Court issued its opinion in Carpenter v. U.S., recognizing that digital data being passed through and held by a third party does not diminish an individual’s expectation of privacy. However, the ruling was limited – pertaining only to cell phone location information. House Bill 57 is the logical and necessary next step to protecting a reasonable expectation of privacy for every American.