This op-ed was originally published in Deseret News on March 20, 2024.
With the pace of technological innovation and the rise in government surveillance, it’s no surprise that concerns about privacy have heightened. SB231, introduced by Sen. Daniel McCay, curtails unwarranted biometric surveillance by government entities, thus addressing this critical privacy concern. The bill is a testament to the state of Utah’s ever-present emphasis on protecting personal liberties, something that is certainly relished in an era of unprecedented government technological surveillance.
SB231, which unanimously passed the Senate and received overwhelming support in the House, amends the law to prohibit a government entity from warrantlessly conducting biometric surveillance on citizens across the state with certain exceptions. This means that absent a warrant, it is unlawful for the government or the police to use biometric software to analyze the physical attributes or manner of an individual in order to identify or locate them — something one would expect to see in a Jason Bourne film or “Minority Report.”
These guardrails serve as an important protective barrier for Utahns, ensuring that their privacy is not violated simply for leaving the house and going about their communities. At the same time, McCay’s legislation grants some flexibility to law enforcement by allowing them to bypass the warrant requirement if there is a public safety threat involving a violent felony or threat of violence — such scenarios would still require documented reasonable suspicion. Additionally, carveouts are given to certain publicly owned or operated spaces such as airports, courthouses, public and charter schools, critical infrastructure owned or operated by a government entity, and buildings owned or leased by a law enforcement agency or correctional facility.
