HB 261: Strengthening 3rd Party Privacy

Libertas Institute Staff
| 22nd Jan 2026

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Libertas Institute supports this bill

Staff review of this legislation finds that it aligns with our principles and should therefore be passed into law.

Without 3rd party privacy protections, government can access your personal information, including financial records, location data, phone records, etc. without first getting a warrant.

House Bill 261 from Rep. Jason Kyle fixes that.

A judicial check on executive enforcement is a bedrock feature of our system’s design.

This bill modernizes and strengthens Utah’s Electronic Information Privacy Act to better protect individuals’ private digital data. The bill reinforces that law enforcement must follow appropriate warrant procedures to obtain, use, or disclose electronic information and location data, and closes loopholes that allow indirect access through third parties.

It also ensures evidence obtained in violation of these protections cannot be used in court, aligning digital privacy safeguards with constitutional standards. By updating procedures and prohibiting unauthorized disclosure, HB261 defends citizens’ privacy in the face of advancing technology.