(1) Except as provided in Subsection (2), a government entity:
(a) may not use, copy, or disclose data collected using an imaging surveillance device on an individual or structure that is not a target; and
(b) shall ensure that data described in Subsection (1)(a) is destroyed as soon as reasonably possible after the government entity collects or receives the data.
(2) A government entity is not required to comply with Subsection (1) if:
(a) deleting the data would also require the deletion of data that:
(i) relates to the target of the operation; and
(ii) is requisite for the success of the operation;
(b) the government entity receives the data:
(i) through a court order that:
(A) requires a person to release the data to the government entity; or
(B) prohibits the destruction of the data; or
(ii) from a person who is a nongovernment actor;
(c)
(i) the data was collected inadvertently; and
(ii) the data appears to pertain to the commission of a crime; or
(d)
(i) the government entity reasonably determines that the data pertains to an emergency situation; and
(ii) using or disclosing the data would assist in remedying the emergency.