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State prosecutors urge statutory safeguards for victim nonpublic data during discovery
Summary
Utah deputy attorney general Stuart Young briefed the committee on victim privacy challenges in discovery, explained how modern devices expand the scope of potentially sensitive material, and described provisions and negotiations around HB 171 aimed at limiting dissemination of nonpublic victim data to defense counsel.
Stuart Young, criminal deputy attorney general in the Utah Attorney General’s Office, told the committee on Aug. 20 that the ubiquity of smartphones and wearable devices has broadened the scope of personal, nonpublic data that can be implicated in criminal discovery. “Victim privacy of nonpublic information, information that usually has nothing to do with the case should be paramount,” Young said, summarizing prosecutorial concerns. Young described Rule 16 disclosures, Brady and Giglio obligations and the tension between constitutional discovery duties and…
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