6 pages Chapter 4 discussed some of the provisions of the Freedom of Information Act and the Government in the Sunshine Act. These federal laws are applicable to federal agencies. Next, we will consid

Utah Code Page 1 Chapter 2

Government Records Access and Management Act

Part 1

General Provisions

63G-2-101 Title.

This chapter is known as the "Government Records Access and Management Act."

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-102 Legislative intent.

(1) In enacting this act, the Legislature recognizes two constitutional rights:(a) the public's right of access to information concerning the conduct of the public's business; and(b) the right of privacy in relation to personal data gathered by governmental entities.(2) The Legislature also recognizes a public policy interest in allowing a government to restrict

access to certain records, as specified in this chapter, for the public good.

(3) It is the intent of the Legislature to:(a) promote the public's right of easy and reasonable access to unrestricted public records;(b) specify those conditions under which the public interest in allowing restrictions on access to

records may outweigh the public's interest in access;

of records only as provided in this chapter;

(d) provide guidelines for both disclosure and restrictions on access to government records,

which are based on the equitable weighing of the pertinent interests and which are consistent

with nationwide standards of information practices;

(e) favor public access when, in the application of this act, countervailing interests are of equal

weight; and

(f) establish fair and reasonable records management practices.

Renumbered and Amended by Chapter 382, 2008 General Session

Superseded 7/1/2020

63G-2-103 Definitions.

As used in this chapter:

(1) "Audit" means:(a) a systematic examination of financial, management, program, and related records for the

purpose of determining the fair presentation of financial statements, adequacy of internal

controls, or compliance with laws and regulations; or

(b) a systematic examination of program procedures and operations for the purpose of

determining their effectiveness, economy, efficiency, and compliance with statutes and

regulations.

(2) "Chronological logs" mean the regular and customary summary records of law enforcement

agencies and other public safety agencies that show:

(a) the time and general nature of police, fire, and paramedic calls made to the agency; and(b) any arrests or jail bookings made by the agency. Utah Code Page 2 (3) "Classification," "classify," and their derivative forms mean determining whether a record series,

record, or information within a record is public, private, controlled, protected, or exempt from

disclosure under Subsection 63G-2-201(3)(b).

(4)(a) "Computer program" means:(i) a series of instructions or statements that permit the functioning of a computer system in a

manner designed to provide storage, retrieval, and manipulation of data from the computer

system; and

(ii) any associated documentation and source material that explain how to operate the

computer program.

(b) "Computer program" does not mean:(i) the original data, including numbers, text, voice, graphics, and images;(ii) analysis, compilation, and other manipulated forms of the original data produced by use of

the program; or

(iii) the mathematical or statistical formulas, excluding the underlying mathematical algorithms

contained in the program, that would be used if the manipulated forms of the original data

were to be produced manually.

(5)(a) "Contractor" means:(i) any person who contracts with a governmental entity to provide goods or services directly to

a governmental entity; or

(ii) any private, nonprofit organization that receives funds from a governmental entity.(b) "Contractor" does not mean a private provider.(6) "Controlled record" means a record containing data on individuals that is controlled as provided

by Section 63G-2-304.

(7) "Designation," "designate," and their derivative forms mean indicating, based on a

governmental entity's familiarity with a record series or based on a governmental entity's review

of a reasonable sample of a record series, the primary classification that a majority of records

in a record series would be given if classified and the classification that other records typically

present in the record series would be given if classified.

(8) "Elected official" means each person elected to a state office, county office, municipal office,

school board or school district office, local district office, or special service district office, but

does not include judges.

(9) "Explosive" means a chemical compound, device, or mixture:(a) commonly used or intended for the purpose of producing an explosion; and(b) that contains oxidizing or combustive units or other ingredients in proportions, quantities, or

packing so that:

(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound

or mixture may cause a sudden generation of highly heated gases; and

(ii) the resultant gaseous pressures are capable of:(A) producing destructive effects on contiguous objects; or(B) causing death or serious bodily injury.(10) "Government audit agency" means any governmental entity that conducts an audit.(11)(a) "Governmental entity" means:(i) executive department agencies of the state, the offices of the governor, lieutenant governor,

state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Utah Code Page 3 Board of Examiners, the National Guard, the Career Service Review Office, the State Board

of Education, the State Board of Regents, and the State Archives;

(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office

of Legislative Research and General Counsel, the Legislature, and legislative committees,

except any political party, group, caucus, or rules or sifting committee of the Legislature;

(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar

administrative units in the judicial branch;

(iv) any state-funded institution of higher education or public education; or(v) any political subdivision of the state, but, if a political subdivision has adopted an ordinance

or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall

apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified

in any other section of this chapter that specifically refers to political subdivisions.

(b) "Governmental entity" also means:(i) every office, agency, board, bureau, committee, department, advisory board, or commission

of an entity listed in Subsection (11)(a) that is funded or established by the government to

carry out the public's business;

(ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative undertaking;(iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;(iv) an association as defined in Section 53G-7-1101;(v) the Utah Independent Redistricting Commission; and(vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law

enforcement officers, as defined in Section 53-13-103.

53B-8a-103.

(12) "Gross compensation" means every form of remuneration payable for a given period to an

individual for services provided including salaries, commissions, vacation pay, severance pay,

bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit

received from the individual's employer.

(13) "Individual" means a human being.(14)(a) "Initial contact report" means an initial written or recorded report, however titled, prepared by

peace officers engaged in public patrol or response duties describing official actions initially

taken in response to either a public complaint about or the discovery of an apparent violation

of law, which report may describe:

(i) the date, time, location, and nature of the complaint, the incident, or offense;(ii) names of victims;(iii) the nature or general scope of the agency's initial actions taken in response to the incident;(iv) the general nature of any injuries or estimate of damages sustained in the incident;(v) the name, address, and other identifying information about any person arrested or charged

in connection with the incident; or

(vi) the identity of the public safety personnel, except undercover personnel, or prosecuting

attorney involved in responding to the initial incident.

(b) Initial contact reports do not include follow-up or investigative reports prepared after the initial

contact report. However, if the information specified in Subsection (14)(a) appears in follow-

up or investigative reports, it may only be treated confidentially if it is private, controlled,

protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).

(15) "Legislative body" means the Legislature. Utah Code Page 4 (16) "Notice of compliance" means a statement confirming that a governmental entity has complied

with an order of the State Records Committee.

(17) "Person" means:(a) an individual;(b) a nonprofit or profit corporation;(c) a partnership;(d) a sole proprietorship;(e) other type of business organization; or(f) any combination acting in concert with one another.(18) "Private provider" means any person who contracts with a governmental entity to provide

services directly to the public.

(19) "Private record" means a record containing data on individuals that is private as provided by

Section 63G-2-302.

(20) "Protected record" means a record that is classified protected as provided by Section

63G-2-305.

(21) "Public record" means a record that is not private, controlled, or protected and that is not

exempt from disclosure as provided in Subsection 63G-2-201(3)(b).

(22)(a) "Record" means a book, letter, document, paper, map, plan, photograph, film, card, tape,

recording, electronic data, or other documentary material regardless of physical form or

characteristics:

(i) that is prepared, owned, received, or retained by a governmental entity or political

subdivision; and

(ii) where all of the information in the original is reproducible by photocopy or other mechanical

or electronic means.

(b) "Record" does not mean:(i) a personal note or personal communication prepared or received by an employee or officer

of a governmental entity:

(A) in a capacity other than the employee's or officer's governmental capacity; or(B) that is unrelated to the conduct of the public's business;(ii) a temporary draft or similar material prepared for the originator's personal use or prepared

by the originator for the personal use of an individual for whom the originator is working;

(iii) material that is legally owned by an individual in the individual's private capacity;(iv) material to which access is limited by the laws of copyright or patent unless the copyright or

patent is owned by a governmental entity or political subdivision;

(v) proprietary software;(vi) junk mail or a commercial publication received by a governmental entity or an official or

employee of a governmental entity;

(vii) a book that is cataloged, indexed, or inventoried and contained in the collections of a library

open to the public;

(viii) material that is cataloged, indexed, or inventoried and contained in the collections of a

library open to the public, regardless of physical form or characteristics of the material;

(ix) a daily calendar or other personal note prepared by the originator for the originator's

personal use or for the personal use of an individual for whom the originator is working;

(x) a computer program that is developed or purchased by or for any governmental entity for its

own use;

(xi) a note or internal memorandum prepared as part of the deliberative process by:(A) a member of the judiciary; Utah Code Page 5 (B) an administrative law judge;(C) a member of the Board of Pardons and Parole; or(D) a member of any other body, other than an association or appeals panel as defined in

Section 53G-7-1101, charged by law with performing a quasi-judicial function;

(xii) a telephone number or similar code used to access a mobile communication device that

is used by an employee or officer of a governmental entity, provided that the employee or

officer of the governmental entity has designated at least one business telephone number

that is a public record as provided in Section 63G-2-301;

(xiii) information provided by the Public Employees' Benefit and Insurance Program, created in

Section 49-20-103, to a county to enable the county to calculate the amount to be paid to a

health care provider under Subsection 17-50-319(2)(e)(ii);

(xiv) information that an owner of unimproved property provides to a local entity as provided in

Section 11-42-205;

(xv) a video or audio recording of an interview, or a transcript of the video or audio recording,

that is conducted at a Children's Justice Center established under Section 67-5b-102;

(xvi) child pornography, as defined by Section 76-5b-103; or(xvii) before final disposition of an ethics complaint occurs, a video or audio recording of the

closed portion of a meeting or hearing of:

(A) a Senate or House Ethics Committee;(B) the Independent Legislative Ethics Commission;(C) the Independent Executive Branch Ethics Commission, created in Section 63A-14-202; or(D) the Political Subdivisions Ethics Review Commission established in Section 63A-15-201.(23) "Record series" means a group of records that may be treated as a unit for purposes of

designation, description, management, or disposition.

(24) "Records officer" means the individual appointed by the chief administrative officer of

each governmental entity, or the political subdivision to work with state archives in the care,

maintenance, scheduling, designation, classification, disposal, and preservation of records.

(25) "Schedule," "scheduling," and their derivative forms mean the process of specifying the length

of time each record series should be retained by a governmental entity for administrative, legal,

fiscal, or historical purposes and when each record series should be transferred to the state

archives or destroyed.

(26) "Sponsored research" means research, training, and other sponsored activities as defined by

the federal Executive Office of the President, Office of Management and Budget:

(a) conducted:(i) by an institution within the state system of higher education defined in Section 53B-1-102;

and

(ii) through an office responsible for sponsored projects or programs; and(b) funded or otherwise supported by an external:(i) person that is not created or controlled by the institution within the state system of higher

education; or

(ii) federal, state, or local governmental entity.(27) "State archives" means the Division of Archives and Records Service created in Section

63A-12-101.

(28) "State archivist" means the director of the state archives.(29) "State Records Committee" means the State Records Committee created in Section

63G-2-501. Utah Code Page 6 (30) "Summary data" means statistical records and compilations that contain data derived from

private, controlled, or protected information but that do not disclose private, controlled, or

protected information.

Amended by Chapter 254, 2019 General Session

Amended by Chapter 280, 2019 General Session

Effective 7/1/2020

63G-2-103 Definitions.

As used in this chapter:

(1) "Audit" means:(a) a systematic examination of financial, management, program, and related records for the

purpose of determining the fair presentation of financial statements, adequacy of internal

controls, or compliance with laws and regulations; or

(b) a systematic examination of program procedures and operations for the purpose of

determining their effectiveness, economy, efficiency, and compliance with statutes and

regulations.

(2) "Chronological logs" mean the regular and customary summary records of law enforcement

agencies and other public safety agencies that show:

(a) the time and general nature of police, fire, and paramedic calls made to the agency; and(b) any arrests or jail bookings made by the agency.(3) "Classification," "classify," and their derivative forms mean determining whether a record series,

record, or information within a record is public, private, controlled, protected, or exempt from

disclosure under Subsection 63G-2-201(3)(b).

(4)(a) "Computer program" means:(i) a series of instructions or statements that permit the functioning of a computer system in a

manner designed to provide storage, retrieval, and manipulation of data from the computer

system; and

(ii) any associated documentation and source material that explain how to operate the

computer program.

the program; or

(iii) the mathematical or statistical formulas, excluding the underlying mathematical algorithms

contained in the program, that would be used if the manipulated forms of the original data

were to be produced manually.

(5)(a) "Contractor" means:(i) any person who contracts with a governmental entity to provide goods or services directly to

a governmental entity; or

by Section 63G-2-304.

(7) "Designation," "designate," and their derivative forms mean indicating, based on a

governmental entity's familiarity with a record series or based on a governmental entity's review Utah Code Page 7 of a reasonable sample of a record series, the primary classification that a majority of records

in a record series would be given if classified and the classification that other records typically

present in the record series would be given if classified.

(8) "Elected official" means each person elected to a state office, county office, municipal office,

school board or school district office, local district office, or special service district office, but

does not include judges.

packing so that:

(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound

or mixture may cause a sudden generation of highly heated gases; and

state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the

Board of Examiners, the National Guard, the Career Service Review Office, the State Board

of Education, the Utah Board of Higher Education, and the State Archives;

(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office

of Legislative Research and General Counsel, the Legislature, and legislative committees,

except any political party, group, caucus, or rules or sifting committee of the Legislature;

(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar

administrative units in the judicial branch;

(iv) any state-funded institution of higher education or public education; or(v) any political subdivision of the state, but, if a political subdivision has adopted an ordinance

or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall

apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified

in any other section of this chapter that specifically refers to political subdivisions.

(b) "Governmental entity" also means:(i) every office, agency, board, bureau, committee, department, advisory board, or commission

of an entity listed in Subsection (11)(a) that is funded or established by the government to

carry out the public's business;

enforcement officers, as defined in Section 53-13-103.

53B-8a-103.

(12) "Gross compensation" means every form of remuneration payable for a given period to an

individual for services provided including salaries, commissions, vacation pay, severance pay,

bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit

received from the individual's employer. Utah Code Page 8 (13) "Individual" means a human being.(14)(a) "Initial contact report" means an initial written or recorded report, however titled, prepared by

peace officers engaged in public patrol or response duties describing official actions initially

taken in response to either a public complaint about or the discovery of an apparent violation

of law, which report may describe:

in connection with the incident; or

(vi) the identity of the public safety personnel, except undercover personnel, or prosecuting

attorney involved in responding to the initial incident.

(b) Initial contact reports do not include follow-up or investigative reports prepared after the initial

contact report. However, if the information specified in Subsection (14)(a) appears in follow-

up or investigative reports, it may only be treated confidentially if it is private, controlled,

protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).

(15) "Legislative body" means the Legislature.(16) "Notice of compliance" means a statement confirming that a governmental entity has complied

with an order of the State Records Committee.

services directly to the public.

(19) "Private record" means a record containing data on individuals that is private as provided by

Section 63G-2-302.

(20) "Protected record" means a record that is classified protected as provided by Section

63G-2-305.

(21) "Public record" means a record that is not private, controlled, or protected and that is not

exempt from disclosure as provided in Subsection 63G-2-201(3)(b).

(22)(a) "Record" means a book, letter, document, paper, map, plan, photograph, film, card, tape,

recording, electronic data, or other documentary material regardless of physical form or

characteristics:

(i) that is prepared, owned, received, or retained by a governmental entity or political

subdivision; and

(ii) where all of the information in the original is reproducible by photocopy or other mechanical

or electronic means.

(b) "Record" does not mean:(i) a personal note or personal communication prepared or received by an employee or officer

of a governmental entity:

(A) in a capacity other than the employee's or officer's governmental capacity; or Utah Code Page 9 (B) that is unrelated to the conduct of the public's business;(ii) a temporary draft or similar material prepared for the originator's personal use or prepared

by the originator for the personal use of an individual for whom the originator is working;

(iii) material that is legally owned by an individual in the individual's private capacity;(iv) material to which access is limited by the laws of copyright or patent unless the copyright or

patent is owned by a governmental entity or political subdivision;

(v) proprietary software;(vi) junk mail or a commercial publication received by a governmental entity or an official or

employee of a governmental entity;

(vii) a book that is cataloged, indexed, or inventoried and contained in the collections of a library

open to the public;

(viii) material that is cataloged, indexed, or inventoried and contained in the collections of a

library open to the public, regardless of physical form or characteristics of the material;

(ix) a daily calendar or other personal note prepared by the originator for the originator's

personal use or for the personal use of an individual for whom the originator is working;

(x) a computer program that is developed or purchased by or for any governmental entity for its

own use;

(xi) a note or internal memorandum prepared as part of the deliberative process by:(A) a member of the judiciary;(B) an administrative law judge;(C) a member of the Board of Pardons and Parole; or(D) a member of any other body, other than an association or appeals panel as defined in

Section 53G-7-1101, charged by law with performing a quasi-judicial function;

(xii) a telephone number or similar code used to access a mobile communication device that

is used by an employee or officer of a governmental entity, provided that the employee or

officer of the governmental entity has designated at least one business telephone number

that is a public record as provided in Section 63G-2-301;

(xiii) information provided by the Public Employees' Benefit and Insurance Program, created in

Section 49-20-103, to a county to enable the county to calculate the amount to be paid to a

health care provider under Subsection 17-50-319(2)(e)(ii);

(xiv) information that an owner of unimproved property provides to a local entity as provided in

Section 11-42-205;

(xv) a video or audio recording of an interview, or a transcript of the video or audio recording,

that is conducted at a Children's Justice Center established under Section 67-5b-102;

(xvi) child pornography, as defined by Section 76-5b-103; or(xvii) before final disposition of an ethics complaint occurs, a video or audio recording of the

closed portion of a meeting or hearing of:

designation, description, management, or disposition.

(24) "Records officer" means the individual appointed by the chief administrative officer of

each governmental entity, or the political subdivision to work with state archives in the care,

maintenance, scheduling, designation, classification, disposal, and preservation of records.

(25) "Schedule," "scheduling," and their derivative forms mean the process of specifying the length

of time each record series should be retained by a governmental entity for administrative, legal, Utah Code Page 10 fiscal, or historical purposes and when each record series should be transferred to the state

archives or destroyed.

(26) "Sponsored research" means research, training, and other sponsored activities as defined by

the federal Executive Office of the President, Office of Management and Budget:

(a) conducted:(i) by an institution within the state system of higher education defined in Section 53B-1-102;

and

education; or

(ii) federal, state, or local governmental entity.(27) "State archives" means the Division of Archives and Records Service created in Section

63A-12-101.

(28) "State archivist" means the director of the state archives.(29) "State Records Committee" means the State Records Committee created in Section

63G-2-501.

(30) "Summary data" means statistical records and compilations that contain data derived from

private, controlled, or protected information but that do not disclose private, controlled, or

protected information.

Amended by Chapter 365, 2020 General Session

63G-2-104 Administrative Procedures Act not applicable.

Title 63G, Chapter 4, Administrative Procedures Act, does not apply to this chapter except as

provided in Section 63G-2-603.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-105 Confidentiality agreements.

If a governmental entity or political subdivision receives a request for a record that is subject

to a confidentiality agreement executed before April 1, 1992, the law in effect at the time the

agreement was executed, including late judicial interpretations of the law, shall govern access to

the record, unless all parties to the confidentiality agreement agree in writing to be governed by the

provisions of this chapter.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-106 Records of security measures.

The records of a governmental entity or political subdivision regarding security measures

designed for the protection of persons or property, public or private, are not subject to this chapter.

These records include:

(1) security plans;(2) security codes and combinations, and passwords;(3) passes and keys;(4) security procedures; and(5) building and public works designs, to the extent that the records or information relate to the

ongoing security measures of a public entity. Utah Code Page 11

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-107 Disclosure of records subject to federal law.

(1) Notwithstanding Subsection 63G-2-201(6), this chapter does not apply to a record containing

protected health information as defined in 45 C.F.R., Part 164, Standards for Privacy of

Individually Identifiable Health Information, if the record is:

(a) controlled or maintained by a governmental entity; and(b) governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable

Health Information.

(2) The disclosure of an education record as defined in the Family Educational Rights and Privacy

Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity shall be

governed by the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.

Amended by Chapter 380, 2016 General Session

63G-2-108 Certification of records officer.

Each records officer of a governmental entity or political subdivision shall, on an annual basis,

successfully complete online training and obtain certification from state archives in accordance with

Section 63A-12-110.

Enacted by Chapter 377, 2012 General Session

Part 2

Access to Records

63G-2-201 Provisions relating to records -- Public records -- Private, controlled, protected,

and other restricted records -- Disclosure and nondisclosure of records -- Certified copy of

record -- Limits on obligation to respond to record request.

(1)(a) Except as provided in Subsection (1)(b), a person has the right to inspect a public record free

of charge, and the right to take a copy of a public record during normal working hours, subject

to Sections 63G-2-203 and 63G-2-204.

(b) A right under Subsection (1)(a) does not apply with respect to a record:(i) a copy of which the governmental entity has already provided to the person;(ii) that is the subject of a records request that the governmental entity is not required to fill

under Subsection (8)(e); or

(iii)(A) that is accessible only by a computer or other electronic device owned or controlled by the

governmental entity;

(B) that is part of an electronic file that also contains a record that is private, controlled, or

protected; and

that contains a private, controlled, or protected record.

(2) A record is public unless otherwise expressly provided by statute.(3) The following records are not public: Utah Code Page 12 (a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303,

63G-2-304, and 63G-2-305; and

(b) a record to which access is restricted pursuant to court rule, another state statute, federal

statute, or federal regulation, including records for which access is governed or restricted as a

condition of participation in a state or federal program or for receiving state or federal funds.

(4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305 may be

classified private, controlled, or protected.

(5)(a) A governmental entity may not disclose a record that is private, controlled, or protected to

any person except as provided in Subsection (5)(b), Subsection (5)(c), Section 63G-2-202,

63G-2-206, or 63G-2-303.

(b) A governmental entity may disclose a record that is private under Subsection 63G-2-302(2)

or protected under Section 63G-2-305 to persons other than those specified in Section

63G-2-202 or 63G-2-206 if the head of a governmental entity, or a designee, determines that:

(i) there is no interest in restricting access to the record; or(ii) the interests favoring access are greater than or equal to the interest favoring restriction of

access.

record that is protected under Subsection 63G-2-305(51) if:

(i) the head of the governmental entity, or a designee, determines that the disclosure:(A) is mutually beneficial to:(I) the subject of the record;(II) the governmental entity; and(III) the public; and(B) serves a public purpose related to:(I) public safety; or(II) consumer protection; and(ii) the person who receives the record from the governmental entity agrees not to use or allow

the use of the record for advertising or solicitation purposes.

(6)(a) The disclosure of a record to which access is governed or limited pursuant to court rule,

another state statute, federal statute, or federal regulation, including a record for which

access is governed or limited as a condition of participation in a state or federal program or

for receiving state or federal funds, is governed by the specific provisions of that statute, rule,

or regulation.

(b) This chapter applies to records described in Subsection (6)(a) insofar as this chapter is not

inconsistent with the statute, rule, or regulation.

(7) A governmental entity shall provide a person with a certified copy of a record if:(a) the person requesting the record has a right to inspect it;(b) the person identifies the record with reasonable specificity; and(c) the person pays the lawful fees.(8) In response to a request, a governmental entity is not required to:(a) create a record;(b) compile, format, manipulate, package, summarize, or tailor information;(c) provide a record in a particular format, medium, or program not currently maintained by the

governmental entity;

(d) fulfill a person's records request if the request unreasonably duplicates prior records requests

from that person; or Utah Code Page 13 (e) fill a person's records request if:(i) the record requested is:(A) publicly accessible online; or(B) included in a public publication or product produced by the governmental entity receiving

the request; and

(ii) the governmental entity:(A) specifies to the person requesting the record where the record is accessible online; or(B) provides the person requesting the record with the public publication or product and

specifies where the record can be found in the public publication or product.

(9)(a) Although not required to do so, a governmental entity may, upon request from the person who

submitted the records request, compile, format, manipulate, package, summarize, or tailor

information or provide a record in a format, medium, or program not currently maintained by

the governmental entity.

(b) In determining whether to fulfill a request described in Subsection (9)(a), a governmental

entity may consider whether the governmental entity is able to fulfill the request without

unreasonably interfering with the governmental entity's duties and responsibilities.

(a) to pay the governmental entity, in accordance with Section 63G-2-203, for providing the

information or record as requested.

(10)(a) Notwithstanding any other provision of this chapter, and subject to Subsection (10)(b), a

governmental entity is not required to respond to, or provide a record in response to, a record

request if the request is submitted by or in behalf of an individual who is confined in a jail or

other correctional facility following the individual's conviction.

(b) Subsection (10)(a) does not apply to:(i) the first five record requests submitted to the governmental entity by or in behalf of an

individual described in Subsection (10)(a) during any calendar year requesting only a record

that contains a specific reference to the individual; or

(ii) a record request that is submitted by an attorney of an individual described in Subsection

(10)(a).

(11)(a) A governmental entity may allow a person requesting more than 50 pages of records to copy

the records if:

(i) the records are contained in files that do not contain records that are exempt from disclosure,

or the records may be segregated to remove private, protected, or controlled information

from disclosure; and

(ii) the governmental entity provides reasonable safeguards to protect the public from the

potential for loss of a public record.

(b) If the requirements of Subsection (11)(a) are met, the governmental entity may:(i) provide the requester with the facilities for copying the requested records and require that the

requester make the copies; or

(ii) allow the requester to provide the requester's own copying facilities and personnel to make

the copies at the governmental entity's offices and waive the fees for copying the records.

(12)(a) A governmental entity that owns an intellectual property right and that offers the intellectual

property right for sale or license may control by ordinance or policy the duplication and Utah Code Page 14 distribution of the material based on terms the governmental entity considers to be in the

public interest.

(b) Nothing in this chapter shall be construed to limit or impair the rights or protections granted to

the governmental entity under federal copyright or patent law as a result of its ownership of

the intellectual property right.

(13) A governmental entity may not use the physical form, electronic or otherwise, in which a

record is stored to deny, or unreasonably hinder the rights of a person to inspect and receive a

copy of a record under this chapter.

(14) Subject to the requirements of Subsection (8), a governmental entity shall provide access to

an electronic copy of a record in lieu of providing access to its paper equivalent if:

(a) the person making the request requests or states a preference for an electronic copy;(b) the governmental entity currently maintains the record in an electronic format that is

reproducible and may be provided without reformatting or conversion; and

(c) the electronic copy of the record:(i) does not disclose other records that are exempt from disclosure; or(ii) may be segregated to protect private, protected, or controlled information from disclosure

without the undue expenditure of public resources or funds.

(15) In determining whether a record is properly classified as private under Subsection

63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals board, or

court shall consider and weigh:

(a) any personal privacy interests, including those in images, that would be affected by disclosure

of the records in question; and

(b) any public interests served by disclosure.

Amended by Chapter 334, 2019 General Session

63G-2-202 Access to private, controlled, and protected documents.

(1) Except as provided in Subsection (11)(a), a governmental entity:(a) shall, upon request, disclose a private record to:(i) the subject of the record;(ii) the parent or legal guardian of an unemancipated minor who is the subject of the record;(iii) the legal guardian of a legally incapacitated individual who is the subject of the record;(iv) any other individual who:(A) has a power of attorney from the subject of the record;(B) submits a notarized release from the subject of the record or the individual's legal

representative dated no more than 90 days before the date the request is made; or

provider, as defined in Section 26-33a-102, if releasing the record or information in the

record is consistent with normal professional practice and medical ethics; or

(v) any person to whom the record must be provided pursuant to:(A) court order as provided in Subsection (7); or(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena Powers;

and

(b) may disclose a private record described in Subsections 63G-2-302(1)(j) through (m), without

complying with Section 63G-2-206, to another governmental entity for a purpose related to:

(i) voter registration; or(ii) the administration of an election.(2) Utah Code Page 15 (a) Upon request, a governmental entity shall disclose a controlled record to:(i) a physician, physician assistant, psychologist, certified social worker, insurance provider or

producer, or a government public health agency upon submission of:

(A) a release from the subject of the record that is dated no more than 90 days prior to the

date the request is made; and

(B) a signed acknowledgment of the terms of disclosure of controlled information as provided

by Subsection (2)(b); and

(ii) any person to whom the record must be disclosed pursuant to:(A) a court order as provided in Subsection (7); or(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena Powers.(b) A person who receives a record from a governmental entity in accordance with Subsection

(2)(a)(i) may not disclose controlled information from that record to any person, including the

subject of the record.

(3) If there is more than one subject of a private or controlled record, the portion of the record that

pertains to another subject shall be segregated from the portion that the requester is entitled to

inspect.

(4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmental entity shall

disclose a protected record to:

(a) the person that submitted the record;(b) any other individual who:(i) has a power of attorney from all persons, governmental entities, or political subdivisions

whose interests were sought to be protected by the protected classification; or

(ii) submits a notarized release from all persons, governmental entities, or political subdivisions

whose interests were sought to be protected by the protected classification or from their

legal representatives dated no more than 90 days prior to the date the request is made;

(c) any person to whom the record must be provided pursuant to:(i) a court order as provided in Subsection (7); or(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena Powers; or(d) the owner of a mobile home park, subject to the conditions of Subsection 41-1a-116(5).(5) Except as provided in Subsection (1)(b), a governmental entity may disclose a private,

controlled, or protected record to another governmental entity, political subdivision, state, the

United States, or a foreign government only as provided by Section 63G-2-206.

(6) Before releasing a private, controlled, or protected record, the governmental entity shall obtain

evidence of the requester's identity.

(7) A governmental entity shall disclose a record pursuant to the terms of a court order signed by a

judge from a court of competent jurisdiction, provided that:

(a) the record deals with a matter in controversy over which the court has jurisdiction;(b) the court has considered the merits of the request for access to the record;(c) the court has considered and, where appropriate, limited the requester's use and further

disclosure of the record in order to protect:

(i) privacy interests in the case of private or controlled records;(ii) business confidentiality interests in the case of records protected under Subsection

63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and

(iii) privacy interests or the public interest in the case of other protected records;(d) to the extent the record is properly classified private, controlled, or protected, the interests

favoring access, considering limitations thereon, are greater than or equal to the interests

favoring restriction of access; and Utah Code Page 16 (e) where access is restricted by a rule, statute, or regulation referred to in Subsection

63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.

(8)(a) Except as provided in Subsection (8)(d), a governmental entity may disclose or authorize

disclosure of private or controlled records for research purposes if the governmental entity:

(i) determines that the research purpose cannot reasonably be accomplished without use or

disclosure of the information to the researcher in individually identifiable form;

(ii) determines that:(A) the proposed research is bona fide; and(B) the value of the research is greater than or equal to the infringement upon personal

privacy;

(iii)(A) requires the researcher to assure the integrity, confidentiality, and security of the records;

and

(B) requires the removal or destruction of the individual identifiers associated with the records

as soon as the purpose of the research project has been accomplished;

(iv) prohibits the researcher from:(A) disclosing the record in individually identifiable form, except as provided in Subsection (8)

(b); or

(B) using the record for purposes other than the research approved by the governmental

entity; and

(v) secures from the researcher a written statement of the researcher's understanding of and

agreement to the conditions of this Subsection (8) and the researcher's understanding

that violation of the terms of this Subsection (8) may subject the researcher to criminal

prosecution under Section 63G-2-801.

(b) A researcher may disclose a record in individually identifiable form if the record is disclosed

for the purpose of auditing or evaluating the research program and no subsequent use

or disclosure of the record in individually identifiable form will be made by the auditor or

evaluator except as provided by this section.

this Subsection (8).

(d) A governmental entity may not disclose or authorize disclosure of a private record for

research purposes as described in this Subsection (8) if the private record is a record

described in Subsection 63G-2-302(1)(w).

(9)(a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity may disclose to

persons other than those specified in this section records that are:

(i) private under Section 63G-2-302; or(ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for business

confidentiality has been made under Section 63G-2-309.

(b) Under Subsection 63G-2-403(11)(b), the State Records Committee may require the

disclosure to persons other than those specified in this section of records that are:

(i) private under Section 63G-2-302;(ii) controlled under Section 63G-2-304; or(iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for business

confidentiality has been made under Section 63G-2-309. Utah Code Page 17 (c) Under Subsection 63G-2-404(7), the court may require the disclosure of records that are

private under Section 63G-2-302, controlled under Section 63G-2-304, or protected under

Section 63G-2-305 to persons other than those specified in this section.

(10) A record contained in the Management Information System, created in Section 62A-4a-1003,

that is found to be unsubstantiated, unsupported, or without merit may not be disclosed to any

person except the person who is alleged in the report to be a perpetrator of abuse, neglect, or

dependency.

(11)(a) A private record described in Subsection 63G-2-302(2)(f) may only be disclosed as provided

in Subsection (1)(a)(v).

(b) A protected record described in Subsection 63G-2-305(43) may only be disclosed as provided

in Subsection (4)(c) or Section 62A-3-312.

(12)(a) A private, protected, or controlled record described in Section 62A-16-301 shall be disclosed

as required under:

(i) Subsections 62A-16-301(1)(b), (2), and (4)(c); and(ii) Subsections 62A-16-302(1) and (6).(b) A record disclosed under Subsection (12)(a) shall retain its character as private, protected, or

controlled.

Amended by Chapter 255, 2020 General Session

63G-2-203 Fees.

(1) A governmental entity may charge a reasonable fee to cover the governmental entity's actual

cost of providing a record. This fee shall be approved by the governmental entity's executive

officer.

(2)(a) When a governmental entity compiles a record in a form other than that normally maintained

by the governmental entity, the actual costs under this section may include the following:

(i) the cost of staff time for compiling, formatting, manipulating, packaging, summarizing, or

tailoring the record either into an organization or media to meet the person's request;

(ii) the cost of staff time for search, retrieval, and other direct administrative costs for complying

with a request; and

(iii) in the case of fees for a record that is the result of computer output other than word

processing, the actual incremental cost of providing the electronic services and products

together with a reasonable portion of the costs associated with formatting or interfacing the

information for particular users, and the administrative costs as set forth in Subsections (2)

(a)(i) and (ii).

(b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest paid

employee who, in the discretion of the custodian of records, has the necessary skill and

training to perform the request.

of staff time.

(3)(a) Fees shall be established as provided in this Subsection (3).(b) A governmental entity with fees established by the Legislature:(i) shall establish the fees defined in Subsection (2), or other actual costs associated with this

section through the budget process; and Utah Code Page 18 (ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature establishes

fees through the budget process.

governing body.

(d) The judiciary shall establish fees by rules of the judicial council.(4) A governmental entity may fulfill a record request without charge and is encouraged to do so if

it determines that:

(a) releasing the record primarily benefits the public rather than a person;(b) the individual requesting the record is the subject of the record, or an individual specified in

Subsection 63G-2-202(1) or (2); or

requester is impecunious.

(5) A governmental entity may not charge a fee for:(a) reviewing a record to determine whether it is subject to disclosure, except as permitted by

Subsection (2)(a)(ii); or

(b) inspecting a record.(6)(a) A person who believes that there has been an unreasonable denial of a fee waiver under

Subsection (4) may appeal the denial in the same manner as a person appeals when

inspection of a public record is denied under Section 63G-2-205.

(b) The adjudicative body hearing the appeal:(i) shall review the fee waiver de novo, but shall review and consider the governmental entity's

denial of the fee waiver and any determination under Subsection (4); and

(ii) has the same authority when a fee waiver or reduction is denied as it has when the

inspection of a public record is denied.

(7)(a) All fees received under this section by a governmental entity subject to Subsection (3)(b) shall

be retained by the governmental entity as a dedicated credit.

(b) Those funds shall be used to recover the actual cost and expenses incurred by the

governmental entity in providing the requested record or record series.

(8)(a) A governmental entity may require payment of past fees and future estimated fees before

beginning to process a request if:

(i) fees are expected to exceed $50; or(ii) the requester has not paid fees from previous requests.(b) Any prepaid amount in excess of fees due shall be returned to the requester.(9) This section does not alter, repeal, or reduce fees established by other statutes or legislative

acts.

(10)(a) Notwithstanding Subsection (3)(c), fees for voter registration records shall be set as provided

in this Subsection (10).

(b) The lieutenant governor shall:(i) after consultation with county clerks, establish uniform fees for voter registration and voter

history records that meet the requirements of this section; and

(ii) obtain legislative approval of those fees by following the procedures and requirements of

Section 63J-1-504.

Amended by Chapter 90, 2016 General Session Utah Code Page 19

63G-2-204 Record request -- Response -- Time for responding.

(1)(a) A person making a request for a record shall submit to the governmental entity that retains

the record a written request containing:

(i) the person's:(A) name;(B) mailing address;(C) email address, if the person has an email address and is willing to accept communications

by email relating to the person's records request; and

(D) daytime telephone number; and(ii) a description of the record requested that identifies the record with reasonable specificity.(b)(i) A single record request may not be submitted to multiple governmental entities.(ii) Subsection (1)(b)(i) may not be construed to prevent a person from submitting a separate

record request to each of multiple governmental entities, even if each of the separate

requests seeks access to the same record.

(2)(a) In response to a request for a record, a governmental entity may not provide a record that it

has received under Section 63G-2-206 as a shared record.

(b) If a governmental entity is prohibited from providing a record under Subsection (2)(a), the

governmental entity shall:

(i) deny the records request; and(ii) inform the person making the request of the identity of the governmental entity from which

the shared record was received.

(3) A governmental entity may make rules in accordance with Title 63G, Chapter 3, Utah

Administrative Rulemaking Act, specifying where and to whom requests for access shall be

directed.

(4) After receiving a request for a record, a governmental entity shall:(a) review each request that seeks an expedited response and notify, within five business days

after receiving the request, each requester that has not demonstrated that their record

request benefits the public rather than the person that their response will not be expedited;

and

(b) as soon as reasonably possible, but no later than 10 business days after receiving a written

request, or five business days after receiving a written request if the requester demonstrates

that expedited response to the record request benefits the public rather than the person:

(i) approve the request and provide a copy of the record;(ii) deny the request in accordance with the procedures and requirements of Section

63G-2-205;

(iii) notify the requester that it does not maintain the record requested and provide, if known, the

name and address of the governmental entity that does maintain the record; or

(iv) notify the requester that because of one of the extraordinary circumstances listed in

Subsection (6), it cannot immediately approve or deny the request, and include with the

notice:

(A) a description of the circumstances that constitute the extraordinary circumstances; and(B) the date when the records will be available, consistent with the requirements of

Subsection (7). Utah Code Page 20 (5) Any person who requests a record to obtain information for a story or report for publication

or broadcast to the general public is presumed to be acting to benefit the public rather than a

person.

(6) The following circumstances constitute "extraordinary circumstances" that allow a governmental

entity to delay approval or denial by an additional period of time as specified in Subsection (7)

if the governmental entity determines that due to the extraordinary circumstances it cannot

respond within the time limits provided in Subsection (4):

(a) another governmental entity is using the record, in which case the originating governmental

entity shall promptly request that the governmental entity currently in possession return the

record;

(b) another governmental entity is using the record as part of an audit, and returning the record

before the completion of the audit would impair the conduct of the audit;

(c)(i) the request is for a voluminous quantity of records or a record series containing a substantial

number of records; or

(ii) the requester seeks a substantial number of records or records series in requests filed within

five working days of each other;

(d) the governmental entity is currently processing a large number of records requests;(e) the request requires the governmental entity to review a large number of records to locate the

records requested;

(f) the decision to release a record involves legal issues that require the governmental entity to

seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case law;

(g) segregating information that the requester is entitled to inspect from information that the

requester is not entitled to inspect requires extensive editing; or

(h) segregating information that the requester is entitled to inspect from information that the

requester is not entitled to inspect requires computer programming.

(7) If one of the extraordinary circumstances listed in Subsection (6) precludes approval or denial

within the time specified in Subsection (4), the following time limits apply to the extraordinary

circumstances:

(a) for claims under Subsection (6)(a), the governmental entity currently in possession of the

record shall return the record to the originating entity within five business days of the request

for the return unless returning the record would impair the holder's work;

(b) for claims under Subsection (6)(b), the originating governmental entity shall notify the

requester when the record is available for inspection and copying;

(c) for claims under Subsections (6)(c), (d), and (e), the governmental entity shall:(i) disclose the records that it has located which the requester is entitled to inspect;(ii) provide the requester with an estimate of the amount of time it will take to finish the work

required to respond to the request;

(iii) complete the work and disclose those records that the requester is entitled to inspect as

soon as reasonably possible; and

(iv) for any person that does not establish a right to an expedited response as authorized by

Subsection (4), a governmental entity may choose to:

(A) require the person to provide for copying of the records as provided in Subsection

63G-2-201(10); or

(B) treat a request for multiple records as separate record requests, and respond sequentially

to each request; Utah Code Page 21 (d) for claims under Subsection (6)(f), the governmental entity shall either approve or deny the

request within five business days after the response time specified for the original request has

expired;

(e) for claims under Subsection (6)(g), the governmental entity shall fulfill the request within 15

business days from the date of the original request; or

(f) for claims under Subsection (6)(h), the governmental entity shall complete its programming

and disclose the requested records as soon as reasonably possible.

(8)(a) If a request for access is submitted to an office of a governmental entity other than that

specified by rule in accordance with Subsection (3), the office shall promptly forward the

request to the appropriate office.

(b) If the request is forwarded promptly, the time limit for response begins when the request is

received by the office specified by rule.

(9) If the governmental entity fails to provide the requested records or issue a denial within the

specified time period, that failure is considered the equivalent of a determination denying

access to the record.

Amended by Chapter 334, 2019 General Session

63G-2-205 Denials.

(1) If the governmental entity denies the request in whole or part, it shall provide a notice of denial

to the requester either in person or by sending the notice to the requester's address.

(2) The notice of denial shall contain the following information:(a) a description of the record or portions of the record to which access was denied, provided that

the description does not disclose private, controlled, or protected information or information

exempt from disclosure under Subsection 63G-2-201(3)(b);

(b) citations to the provisions of this chapter, court rule or order, another state statute, federal

statute, or federal regulation that exempt the record or portions of the record from disclosure,

provided that the citations do not disclose private, controlled, or protected information or

information exempt from disclosure under Subsection 63G-2-201(3)(b);

officer of the governmental entity; and

(d) the time limits for filing an appeal, and the name and business address of the chief

administrative officer of the governmental entity.

(3) Unless otherwise required by a court or agency of competent jurisdiction, a governmental entity

may not destroy or give up custody of any record to which access was denied until the period

for an appeal has expired or the end of the appeals process, including judicial appeal.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-206 Sharing records.

(1) A governmental entity may provide a record that is private, controlled, or protected to another

governmental entity, a government-managed corporation, a political subdivision, the federal

government, or another state if the requesting entity:

(a) serves as a repository or archives for purposes of historical preservation, administrative

maintenance, or destruction;

(b) enforces, litigates, or investigates civil, criminal, or administrative law, and the record is

necessary to a proceeding or investigation; Utah Code Page 22 (c) is authorized by state statute to conduct an audit and the record is needed for that purpose;(d) is one that collects information for presentence, probationary, or parole purposes; or(e)(i) is:(A) the Legislature;(B) a legislative committee;(C) a member of the Legislature; or(D) a legislative staff member acting at the request of the Legislature, a legislative committee,

or a member of the Legislature; and

(ii) requests the record in relation to the Legislature's duties including:(A) the preparation or review of a legislative proposal or legislation;(B) appropriations; or(C) an investigation or review conducted by the Legislature or a legislative committee.(2)(a) A governmental entity may provide a private, controlled, or protected record or record series

to another governmental entity, a political subdivision, a government-managed corporation,

the federal government, or another state if the requesting entity provides written assurance:

(i) that the record or record series is necessary to the performance of the governmental entity's

duties and functions;

(ii) that the record or record series will be used for a purpose similar to the purpose for which

the information in the record or record series was collected or obtained; and

(iii) that the use of the record or record series produces a public benefit that is greater than or

equal to the individual privacy right that protects the record or record series.

(b) A governmental entity may provide a private, controlled, or protected record or record series

to a contractor or a private provider according to the requirements of Subsection (6)(b).

(3)(a) A governmental entity shall provide a private, controlled, or protected record to another

governmental entity, a political subdivision, a government-managed corporation, the federal

government, or another state if the requesting entity:

(i) is entitled by law to inspect the record;(ii) is required to inspect the record as a condition of participating in a state or federal program

or for receiving state or federal funds; or

(iii) is an entity described in Subsection (1)(a), (b), (c), (d), or (e).(b) Subsection (3)(a)(iii) applies only if the record is a record described in Subsection

63G-2-305(4).

(4) Before disclosing a record or record series under this section to another governmental entity,

another state, the United States, a foreign government, or to a contractor or private provider,

the originating governmental entity shall:

(a) inform the recipient of the record's classification and the accompanying restrictions on access;

and

(b) if the recipient is not a governmental entity to which this chapter applies, obtain the recipient's

written agreement which may be by mechanical or electronic transmission that it will abide

by those restrictions on access unless a statute, federal regulation, or interstate agreement

otherwise governs the sharing of the record or record series.

(5) A governmental entity may disclose a record to another state, the United States, or a foreign

government for the reasons listed in Subsections (1) and (2) without complying with the

procedures of Subsection (2) or (4) if disclosure is authorized by executive agreement, treaty,

federal statute, compact, federal regulation, or state statute. Utah Code Page 23 (6)(a) Subject to Subsections (6)(b) and (c), an entity receiving a record under this section is subject

to the same restrictions on disclosure of the record as the originating entity.

(b) A contractor or a private provider may receive information under this section only if:(i) the contractor or private provider's use of the record or record series produces a public

benefit that is greater than or equal to the individual privacy right that protects the record or

record series;

(ii) the record or record series it requests:(A) is necessary for the performance of a contract with a governmental entity;(B) will only be used for the performance of the contract with the governmental entity;(C) will not be disclosed to any other person; and(D) will not be used for advertising or solicitation purposes; and(iii) the contractor or private provider gives written assurance to the governmental entity that is

providing the record or record series that it will adhere to the restrictions of this Subsection

(6)(b).

restrictions on disclosure of that record are not affected by the governmental entity's receipt

under this section of a record with a different classification that contains information that is

also included in the previously held record.

(7) Notwithstanding any other provision of this section, if a more specific court rule or order, state

statute, federal statute, or federal regulation prohibits or requires sharing information, that rule,

order, statute, or federal regulation controls.

(8)(a) The following records may not be shared under this section:(i) records held by the Division of Oil, Gas, and Mining that pertain to any person and that are

gathered under authority of Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining;

(ii) except as provided in Subsection (8)(b), records of publicly funded libraries as described in

Subsection 63G-2-302(1)(c); and

(iii) a record described in Section 63G-12-210.(b) A publicly funded library may share a record that is a private record under Subsection

63G-2-302(1)(c) with a law enforcement agency, as defined in Section 53-1-102, if:

(i) the record is a video surveillance recording of the library premises; and(ii) the law enforcement agency certifies in writing that:(A) the law enforcement agency believes that the record will provide important information for

a pending investigation into criminal or potentially criminal behavior; and

(B) the law enforcement agency's receipt of the record will assist the agency to prevent

imminent harm to an individual or imminent and substantial damage to property.

(9) Records that may evidence or relate to a violation of law may be disclosed to a government

prosecutor, peace officer, or auditor.

Amended by Chapter 334, 2019 General Session

63G-2-207 Subpoenas -- Court ordered disclosure for discovery.

(1) Subpoenas and other methods of discovery under the state or federal statutes or rules of

civil, criminal, administrative, or legislative procedure are not written requests under Section

63G-2-204.

(2)(a) Utah Code Page 24 (i) Except as otherwise provided in Subsection (2)(c), in judicial or administrative proceedings

in which an individual is requesting discovery of records classified private, controlled, or

protected under this chapter, or otherwise restricted from access by other statutes, the

court, or an administrative law judge shall follow the procedure in Subsection 63G-2-202(7)

before ordering disclosure.

(ii) Until the court or an administrative law judge orders disclosure, these records are privileged

from discovery.

(b) If, the court or administrative order requires disclosure, the terms of the order may limit

the requester's further use and disclosure of the record in accordance with Subsection

63G-2-202(7), in order to protect the privacy interests recognized in this chapter.

section does not limit the right to obtain:

(i) records through the procedures set forth in this chapter; or(ii) medical records discoverable under state or federal court rules as authorized by Subsection

63G-2-302(3).

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-208 Public repository of legislative email.

(1) As used in this section, "repository" means the repository of email described in Subsection (2).(2)(a) On or before January 1, 2014, the Legislature shall post on its website a publicly accessible

repository containing email that legislators transfer to it as provided in this section.

(b) The repository shall be searchable by sender, receiver, and subject.(3) A legislator may transfer to the repository an email that the legislator sent or received.(4) An email in the repository may be removed from the repository if:(a) the email was accidentally transferred to the repository;(b) it is determined that the email is not a record or that the email is a private, protected, or

controlled record;

(c) the email is deleted pursuant to the Legislature's record retention policy; or(d) for an email that is not removed from the repository earlier under Subsection (4)(a), (b), or (c),

at least two years have passed after the day the legislator first sent or received the email.

(5) A legislator's failure to transfer an email to the repository does not alone mean that the email is

a private, protected, or controlled record.

Enacted by Chapter 231, 2013 General Session

Part 3

Classification

63G-2-301 Public records.

(1) As used in this section:(a) "Business address" means a single address of a governmental agency designated for the

public to contact an employee or officer of the governmental agency.

(b) "Business email address" means a single email address of a governmental agency

designated for the public to contact an employee or officer of the governmental agency. Utah Code Page 25 (c) "Business telephone number" means a single telephone number of a governmental agency

designated for the public to contact an employee or officer of the governmental agency.

(d) "Correctional facility" means the same as that term is defined in Section 77-16b-102.(2) The following records are public except to the extent they contain information expressly

permitted to be treated confidentially under the provisions of Subsections 63G-2-201(3)(b) and

(6)(a):

(a) laws;(b) the name, gender, gross compensation, job title, job description, business address, business

email address, business telephone number, number of hours worked per pay period, dates of

employment, and relevant education, previous employment, and similar job qualifications of a

current or former employee or officer of the governmental entity, excluding:

(i) undercover law enforcement personnel; and(ii) investigative personnel if disclosure could reasonably be expected to impair the

effectiveness of investigations or endanger any individual's safety;

governmental entity in an administrative, adjudicative, or judicial proceeding except that if the

proceedings were properly closed to the public, the opinion and order may be withheld to the

extent that they contain information that is private, controlled, or protected;

(d) final interpretations of statutes or rules by a governmental entity unless classified as protected

as provided in Subsection 63G-2-305(17) or (18);

(e) information contained in or compiled from a transcript, minutes, or report of the open portions

of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open and Public

Meetings Act, including the records of all votes of each member of the governmental entity;

(f) judicial records unless a court orders the records to be restricted under the rules of civil or

criminal procedure or unless the records are private under this chapter;

(g) unless otherwise classified as private under Section 63G-2-303, records or parts of

records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning

commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional

Trust Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water Rights,

or other governmental entities that give public notice of:

(i) titles or encumbrances to real property;(ii) restrictions on the use of real property;(iii) the capacity of persons to take or convey title to real property; or(iv) tax status for real and personal property;(h) records of the Department of Commerce that evidence incorporations, mergers, name

changes, and uniform commercial code filings;

(i) data on individuals that would otherwise be private under this chapter if the individual who is

the subject of the record has given the governmental entity written permission to make the

records available to the public;

(j) documentation of the compensation that a governmental entity pays to a contractor or private

provider;

(k) summary data;(l) voter registration records, including an individual's voting history, except for a voter registration

record or those parts of a voter registration record that are classified as private under

Subsections 63G-2-302(1)(j) through (m) or withheld under Subsection 20A-2-104(7);

(m) for an elected official, as defined in Section 11-47-102, a telephone number, if available, and

email address, if available, where that elected official may be reached as required in Title 11,

Chapter 47, Access to Elected Officials; Utah Code Page 26 (n) for a school community council member, a telephone number, if available, and email address,

if available, where that elected official may be reached directly as required in Section

53G-7-1203;

(o) annual audited financial statements of the Utah Educational Savings Plan described in

Section 53B-8a-111; and

(p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as defined in

Section 20A-7-101, after the packet is submitted to a county clerk.

(3) The following records are normally public, but to the extent that a record is expressly exempt

from disclosure, access may be restricted under Subsection 63G-2-201(3)(b), Section

63G-2-302, 63G-2-304, or 63G-2-305:

(a) administrative staff manuals, instructions to staff, and statements of policy;(b) records documenting a contractor's or private provider's compliance with the terms of a

contract with a governmental entity;

the records would be public if prepared by the governmental entity;

(d) contracts entered into by a governmental entity;(e) any account, voucher, or contract that deals with the receipt or expenditure of funds by a

governmental entity;

(f) records relating to government assistance or incentives publicly disclosed, contracted for, or

given by a governmental entity, encouraging a person to expand or relocate a business in

Utah, except as provided in Subsection 63G-2-305(35);

(g) chronological logs and initial contact reports;(h) correspondence by and with a governmental entity in which the governmental entity

determines or states an opinion upon the rights of the state, a political subdivision, the public,

or any person;

(i) empirical data contained in drafts if:(i) the empirical data is not reasonably available to the requester elsewhere in similar form; and(ii) the governmental entity is given a reasonable opportunity to correct any errors or make

nonsubstantive changes before release;

(j) drafts that are circulated to anyone other than:(i) a governmental entity;(ii) a political subdivision;(iii) a federal agency if the governmental entity and the federal agency are jointly responsible for

implementation of a program or project that has been legislatively approved;

(iv) a government-managed corporation; or(v) a contractor or private provider;(k) drafts that have never been finalized but were relied upon by the governmental entity in

carrying out action or policy;

(l) original data in a computer program if the governmental entity chooses not to disclose the

program;

(m) arrest warrants after issuance, except that, for good cause, a court may order restricted

access to arrest warrants prior to service;

(n) search warrants after execution and filing of the return, except that a court, for good cause,

may order restricted access to search warrants prior to trial;

(o) records that would disclose information relating to formal charges or disciplinary actions

against a past or present governmental entity employee if:

(i) the disciplinary action has been completed and all time periods for administrative appeal

have expired; and Utah Code Page 27 (ii) the charges on which the disciplinary action was based were sustained;(p) records maintained by the Division of Forestry, Fire, and State Lands, the School and

Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that evidence

mineral production on government lands;

(q) final audit reports;(r) occupational and professional licenses;(s) business licenses;(t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar records

used to initiate proceedings for discipline or sanctions against persons regulated by a

governmental entity, but not including records that initiate employee discipline; and

(u)(i) records that disclose a standard, regulation, policy, guideline, or rule regarding the operation

of a correctional facility or the care and control of inmates committed to the custody of a

correctional facility; and

(ii) records that disclose the results of an audit or other inspection assessing a correctional

facility's compliance with a standard, regulation, policy, guideline, or rule described in

Subsection (3)(u)(i).

(4) The list of public records in this section is not exhaustive and should not be used to limit access

to records.

Amended by Chapter 255, 2020 General Session

Amended by Chapter 399, 2020 General Session

63G-2-302 Private records.

(1) The following records are private:(a) records concerning an individual's eligibility for unemployment insurance benefits, social

services, welfare benefits, or the determination of benefit levels;

(b) records containing data on individuals describing medical history, diagnosis, condition,

treatment, evaluation, or similar medical data;

patron;

(d) records received by or generated by or for:(i) the Independent Legislative Ethics Commission, except for:(A) the commission's summary data report that is required under legislative rule; and(B) any other document that is classified as public under legislative rule; or(ii) a Senate or House Ethics Committee in relation to the review of ethics complaints, unless

the record is classified as public under legislative rule;

(e) records received by, or generated by or for, the Independent Executive Branch Ethics

Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review of

Executive Branch Ethics Complaints;

(f) records received or generated for a Senate confirmation committee concerning character,

professional competence, or physical or mental health of an individual:

(i) if, prior to the meeting, the chair of the committee determines release of the records:(A) reasonably could be expected to interfere with the investigation undertaken by the

committee; or

(B) would create a danger of depriving a person of a right to a fair proceeding or impartial

hearing; and

(ii) after the meeting, if the meeting was closed to the public; Utah Code Page 28 (g) employment records concerning a current or former employee of, or applicant for employment

with, a governmental entity that would disclose that individual's home address, home

telephone number, social security number, insurance coverage, marital status, or payroll

deductions;

(h) records or parts of records under Section 63G-2-303 that a current or former employee

identifies as private according to the requirements of that section;

(i) that part of a record indicating a person's social security number or federal employer

identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,

58-1-301, 58-55-302, 61-1-4, or 61-2f-203;

(j) that part of a voter registration record identifying a voter's:(i) driver license or identification card number;(ii) social security number, or last four digits of the social security number;(iii) email address; or(iv) date of birth;(k) a voter registration record that is classified as a private record by the lieutenant governor or a

county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or 20A-2-204(4)(b);

(l) a voter registration record that is withheld under Subsection 20A-2-104(7);(m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any

verification submitted in support of the form;

(n) a record that:(i) contains information about an individual;(ii) is voluntarily provided by the individual; and(iii) goes into an electronic database that:(A) is designated by and administered under the authority of the Chief Information Officer; and(B) acts as a repository of information about the individual that can be electronically retrieved

and used to facilitate the individual's online interaction with a state agency;

(o) information provided to the Commissioner of Insurance under:(i) Subsection 31A-23a-115(3)(a);(ii) Subsection 31A-23a-302(4); or(iii) Subsection 31A-26-210(4);(p) information obtained through a criminal background check under Title 11, Chapter 40,

Criminal Background Checks by Political Subdivisions Operating Water Systems;

(q) information provided by an offender that is:(i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap Offender

Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and

(ii) not required to be made available to the public under Subsection 77-41-110(4) or

77-43-108(4);

(r) a statement and any supporting documentation filed with the attorney general in accordance

with Section 34-45-107, if the federal law or action supporting the filing involves homeland

security;

(s) electronic toll collection customer account information received or collected under Section

72-6-118 and customer information described in Section 17B-2a-815 received or collected by

a public transit district, including contact and payment information and customer travel data;

(t) an email address provided by a military or overseas voter under Section 20A-16-501;(u) a completed military-overseas ballot that is electronically transmitted under Title 20A, Chapter

16, Uniform Military and Overseas Voters Act;

(v) records received by or generated by or for the Political Subdivisions Ethics Review

Commission established in Section 63A-15-201, except for: Utah Code Page 29 (i) the commission's summary data report that is required in Section 63A-15-202; and(ii) any other document that is classified as public in accordance with Title 63A, Chapter 15,

Political Subdivisions Ethics Review Commission;

(w) a record described in Section 53G-9-604 that verifies that a parent was notified of an incident

or threat;

(x) a criminal background check or credit history report conducted in accordance with Section

63A-3-201;

(y) a record described in Subsection 53-5a-104(7);(z) the following portions of a record maintained by a county for the purpose of administering

property taxes, an individual's:

(i) email address;(ii) phone number; or(iii) personal financial information related to a person's payment method; and(aa) a record concerning an individual's eligibility for an exemption, deferral, abatement, or relief

under:

(i)Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;(ii)Title 59, Chapter 2, Part 12, Property Tax Relief;(iii)Title 59, Chapter 18, Tax Deferral and Tax Abatement; or(iv)Title 59, Chapter 19, Armed Forces Exemptions.(2) The following records are private if properly classified by a governmental entity:(a) records concerning a current or former employee of, or applicant for employment with a

governmental entity, including performance evaluations and personal status information such

as race, religion, or disabilities, but not including records that are public under Subsection

63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);

(b) records describing an individual's finances, except that the following are public:(i) records described in Subsection 63G-2-301(2);(ii) information provided to the governmental entity for the purpose of complying with a financial

assurance requirement; or

(iii) records that must be disclosed in accordance with another statute;(c) records of independent state agencies if the disclosure of those records would conflict with

the fiduciary obligations of the agency;

(d) other records containing data on individuals the disclosure of which constitutes a clearly

unwarranted invasion of personal privacy;

(e) records provided by the United States or by a government entity outside the state that are

given with the requirement that the records be managed as private records, if the providing

entity states in writing that the record would not be subject to public disclosure if retained by it;

(f) any portion of a record in the custody of the Division of Aging and Adult Services, created in

Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a person who

made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and

(g) audio and video recordings created by a body-worn camera, as defined in Section 77-7a-103,

that record sound or images inside a home or residence except for recordings that:

(i) depict the commission of an alleged crime;(ii) record any encounter between a law enforcement officer and a person that results in death

or bodily injury, or includes an instance when an officer fires a weapon;

(iii) record any encounter that is the subject of a complaint or a legal proceeding against a law

enforcement officer or law enforcement agency;

(iv) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f); or Utah Code Page 30 (v) have been requested for reclassification as a public record by a subject or authorized agent

of a subject featured in the recording.

(3)(a) As used in this Subsection (3), "medical records" means medical reports, records,

statements, history, diagnosis, condition, treatment, and evaluation.

(b) Medical records in the possession of the University of Utah Hospital, its clinics, doctors, or

affiliated entities are not private records or controlled records under Section 63G-2-304 when

the records are sought:

(i) in connection with any legal or administrative proceeding in which the patient's physical,

mental, or emotional condition is an element of any claim or defense; or

(ii) after a patient's death, in any legal or administrative proceeding in which any party relies

upon the condition as an element of the claim or defense.

state or federal statutes or rules of procedure and evidence as if the medical records were in

the possession of a nongovernmental medical care provider.

Amended by Chapter 213, 2020 General Session

Amended by Chapter 255, 2020 General Session

63G-2-303 Private information concerning certain government employees.

(1) As used in this section:(a) "At-risk government employee" means a current or former:(i) peace officer as specified in Section 53-13-102;(ii) state or federal judge of an appellate, district, justice, or juvenile court, or court

commissioner;

(iii) judge authorized by Title 39, Chapter 6, Utah Code of Military Justice;(iv) judge authorized by Armed Forces, Title 10, United States Code;(v) federal prosecutor;(vi) prosecutor appointed pursuant to Armed Forces, Title 10, United States Code;(vii) law enforcement official as defined in Section 53-5-711;(viii) prosecutor authorized by Title 39, Chapter 6, Utah Code of Military Justice; or(ix) state or local government employee who, because of the unique nature of the employee's

regular work assignments or because of one or more recent credible threats directed to or

against the employee, would be at immediate and substantial risk of physical harm if the

employee's personal information is disclosed.

(b) "Family member" means the spouse, child, sibling, parent, or grandparent of an at-risk

government employee who is living with the employee.

address, home telephone number, personal mobile telephone number, personal pager

number, personal email address, social security number, insurance coverage, marital status,

or payroll deductions.

(2)(a) Pursuant to Subsection 63G-2-302(1)(h), an at-risk government employee may file a written

application that:

(i) gives notice of the employee's status as an at-risk government employee to each agency

of a government entity holding a record or a part of a record that would disclose the

employee's personal information; and

(ii) requests that the government agency classify those records or parts of records as private. Utah Code Page 31 (b) An at-risk government employee desiring to file an application under this section may request

assistance from the government agency to identify the individual records containing personal

information.

(c) Each government agency shall develop a form that:(i) requires the at-risk government employee to designate each specific record or part of a

record containing the employee's personal information that the applicant desires to be

classified as private;

(ii) affirmatively requests that the government entity holding those records classify them as

private;

(iii) informs the employee that by submitting a completed form the employee may not receive

official announcements affecting the employee's property, including notices about proposed

municipal annexations, incorporations, or zoning modifications; and

(iv) contains a place for the signature required under Subsection (2)(d).(d) A form submitted by an employee under Subsection (2)(c) shall be signed by the highest

ranking elected or appointed official in the employee's chain of command certifying that the

employee submitting the form is an at-risk government employee.

(3) A county recorder, county treasurer, county auditor, or a county tax assessor may fully satisfy

the requirements of this section by:

(a) providing a method for the assessment roll and index and the tax roll and index that will

block public access to the home address, home telephone number, situs address, and Social

Security number; and

(b) providing the at-risk government employee requesting the classification with a disclaimer

informing the employee that the employee may not receive official announcements affecting

the employee's property, including notices about proposed annexations, incorporations, or

zoning modifications.

(4) A government agency holding records of an at-risk government employee classified as private

under this section may release the record or part of the record if:

(a) the employee or former employee gives written consent;(b) a court orders release of the records; or(c) the government agency receives a certified death certificate for the employee or former

employee.

(5)(a) If the government agency holding the private record receives a subpoena for the records,

the government agency shall attempt to notify the at-risk government employee or former

employee by mailing a copy of the subpoena to the employee's last-known mailing address

together with a request that the employee either:

(i) authorize release of the record; or(ii) within 10 days of the date that the copy and request are mailed, deliver to the government

agency holding the private record a copy of a motion to quash filed with the court who

issued the subpoena.

(b) The government agency shall comply with the subpoena if the government agency has:(i) received permission from the at-risk government employee or former employee to comply

with the subpoena;

(ii) not received a copy of a motion to quash within 10 days of the date that the copy of the

subpoena was mailed; or

(iii) received a court order requiring release of the records.(6) Utah Code Page 32 (a) Except as provided in Subsection (6)(b), a form submitted under this section remains in effect

until the earlier of:

(i) four years after the date the employee signs the form, whether or not the employee's

employment terminates before the end of the four-year period; and

(ii) one year after the government agency receives official notice of the death of the employee.(b) A form submitted under this section may be rescinded at any time by:(i) the at-risk government employee who submitted the form; or(ii) if the at-risk government employee is deceased, a member of the employee's immediate

family.

Amended by Chapter 402, 2019 General Session

63G-2-304 Controlled records.

A record is controlled if:

(1) the record contains medical, psychiatric, or psychological data about an individual;(2) the governmental entity reasonably believes that:(a) releasing the information in the record to the subject of the record would be detrimental to the

subject's mental health or to the safety of any individual; or

(b) releasing the information would constitute a violation of normal professional practice and

medical ethics; and

(3) the governmental entity has properly classified the record.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-305 Protected records.

The following records are protected if properly classified by a governmental entity:

(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has

provided the governmental entity with the information specified in Section 63G-2-309;

(2) commercial information or nonindividual financial information obtained from a person if:(a) disclosure of the information could reasonably be expected to result in unfair competitive

injury to the person submitting the information or would impair the ability of the governmental

entity to obtain necessary information in the future;

(b) the person submitting the information has a greater interest in prohibiting access than the

public in obtaining access; and

information specified in Section 63G-2-309;

(3) commercial or financial information acquired or prepared by a governmental entity to the extent

that disclosure would lead to financial speculations in currencies, securities, or commodities

that will interfere with a planned transaction by the governmental entity or cause substantial

financial injury to the governmental entity or state economy;

(4) records, the disclosure of which could cause commercial injury to, or confer a competitive

advantage upon a potential or actual competitor of, a commercial project entity as defined in

Subsection 11-13-103(4);

(5) test questions and answers to be used in future license, certification, registration, employment,

or academic examinations;

(6) records, the disclosure of which would impair governmental procurement proceedings or give

an unfair advantage to any person proposing to enter into a contract or agreement with a

governmental entity, except, subject to Subsections (1) and (2), that this Subsection (6) does Utah Code Page 33 not restrict the right of a person to have access to, after the contract or grant has been awarded

and signed by all parties:

(a) a bid, proposal, application, or other information submitted to or by a governmental entity in

response to:

(i) an invitation for bids;(ii) a request for proposals;(iii) a request for quotes;(iv) a grant; or(v) other similar document; or(b) an unsolicited proposal, as defined in Section 63G-6a-712;(7) information submitted to or by a governmental entity in response to a request for information,

except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict the right of

a person to have access to the information, after:

(a) a contract directly relating to the subject of the request for information has been awarded and

signed by all parties; or

(b)(i) a final determination is made not to enter into a contract that relates to the subject of the

request for information; and

(ii) at least two years have passed after the day on which the request for information is issued;(8) records that would identify real property or the appraisal or estimated value of real or personal

property, including intellectual property, under consideration for public acquisition before any

rights to the property are acquired unless:

(a) public interest in obtaining access to the information is greater than or equal to the

governmental entity's need to acquire the property on the best terms possible;

(b) the information has already been disclosed to persons not employed by or under a duty of

confidentiality to the entity;

have already learned of the governmental entity's plans to acquire the property;

(d) in the case of records that would identify the appraisal or estimated value of property, the

potential sellers have already learned of the governmental entity's estimated value of the

property; or

(e) the property under consideration for public acquisition is a single family residence and the

governmental entity seeking to acquire the property has initiated negotiations to acquire the

property as required under Section 78B-6-505;

(9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated

transaction of real or personal property including intellectual property, which, if disclosed prior

to completion of the transaction, would reveal the appraisal or estimated value of the subject

property, unless:

(a) the public interest in access is greater than or equal to the interests in restricting access,

including the governmental entity's interest in maximizing the financial benefit of the

transaction; or

(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of the value

of the subject property have already been disclosed to persons not employed by or under a

duty of confidentiality to the entity;

(10) records created or maintained for civil, criminal, or administrative enforcement purposes or

audit purposes, or for discipline, licensing, certification, or registration purposes, if release of

the records: Utah Code Page 34 (a) reasonably could be expected to interfere with investigations undertaken for enforcement,

discipline, licensing, certification, or registration purposes;

(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement

proceedings;

(c) would create a danger of depriving a person of a right to a fair trial or impartial hearing;(d) reasonably could be expected to disclose the identity of a source who is not generally known

outside of government and, in the case of a record compiled in the course of an investigation,

disclose information furnished by a source not generally known outside of government if

disclosure would compromise the source; or

(e) reasonably could be expected to disclose investigative or audit techniques, procedures,

policies, or orders not generally known outside of government if disclosure would interfere

with enforcement or audit efforts;

(11) records the disclosure of which would jeopardize the life or safety of an individual;(12) records the disclosure of which would jeopardize the security of governmental property,

governmental programs, or governmental recordkeeping systems from damage, theft, or other

appropriation or use contrary to law or public policy;

(13) records that, if disclosed, would jeopardize the security or safety of a correctional facility, or

records relating to incarceration, treatment, probation, or parole, that would interfere with the

control and supervision of an offender's incarceration, treatment, probation, or parole;

(14) records that, if disclosed, would reveal recommendations made to the Board of Pardons

and Parole by an employee of or contractor for the Department of Corrections, the Board of

Pardons and Parole, or the Department of Human Services that are based on the employee's

or contractor's supervision, diagnosis, or treatment of any person within the board's jurisdiction;

(15) records and audit workpapers that identify audit, collection, and operational procedures

and methods used by the State Tax Commission, if disclosure would interfere with audits or

collections;

(16) records of a governmental audit agency relating to an ongoing or planned audit until the final

audit is released;

(17) records that are subject to the attorney client privilege;(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer, employee, or

agent of a governmental entity for, or in anticipation of, litigation or a judicial, quasi-judicial, or

administrative proceeding;

(19)(a)(i) personal files of a state legislator, including personal correspondence to or from a member of

the Legislature; and

(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of legislative action

or policy may not be classified as protected under this section; and

(b)(i) an internal communication that is part of the deliberative process in connection with the

preparation of legislation between:

(A) members of a legislative body;(B) a member of a legislative body and a member of the legislative body's staff; or(C) members of a legislative body's staff; and(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of legislative action

or policy may not be classified as protected under this section;

(20) Utah Code Page 35 (a) records in the custody or control of the Office of Legislative Research and General

Counsel, that, if disclosed, would reveal a particular legislator's contemplated legislation or

contemplated course of action before the legislator has elected to support the legislation or

course of action, or made the legislation or course of action public; and

(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the Office of

Legislative Research and General Counsel is a public document unless a legislator asks that

the records requesting the legislation be maintained as protected records until such time as

the legislator elects to make the legislation or course of action public;

(21) research requests from legislators to the Office of Legislative Research and General Counsel

or the Office of the Legislative Fiscal Analyst and research findings prepared in response to

these requests;

(22) drafts, unless otherwise classified as public;(23) records concerning a governmental entity's strategy about:(a) collective bargaining; or(b) imminent or pending litigation;(24) records of investigations of loss occurrences and analyses of loss occurrences that may be

covered by the Risk Management Fund, the Employers' Reinsurance Fund, the Uninsured

Employers' Fund, or similar divisions in other governmental entities;

(25) records, other than personnel evaluations, that contain a personal recommendation

concerning an individual if disclosure would constitute a clearly unwarranted invasion of

personal privacy, or disclosure is not in the public interest;

(26) records that reveal the location of historic, prehistoric, paleontological, or biological resources

that if known would jeopardize the security of those resources or of valuable historic, scientific,

educational, or cultural information;

(27) records of independent state agencies if the disclosure of the records would conflict with the

fiduciary obligations of the agency;

(28) records of an institution within the state system of higher education defined in Section

53B-1-102 regarding tenure evaluations, appointments, applications for admissions, retention

decisions, and promotions, which could be properly discussed in a meeting closed in

accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records

of the final decisions about tenure, appointments, retention, promotions, or those students

admitted, may not be classified as protected under this section;

(29) records of the governor's office, including budget recommendations, legislative proposals,

and policy statements, that if disclosed would reveal the governor's contemplated policies or

contemplated courses of action before the governor has implemented or rejected those policies

or courses of action or made them public;

(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,

revenue estimates, and fiscal notes of proposed legislation before issuance of the final

recommendations in these areas;

(31) records provided by the United States or by a government entity outside the state that are

given to the governmental entity with a requirement that they be managed as protected records

if the providing entity certifies that the record would not be subject to public disclosure if

retained by it;

(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a public body

except as provided in Section 52-4-206;

(33) records that would reveal the contents of settlement negotiations but not including final

settlements or empirical data to the extent that they are not otherwise exempt from disclosure; Utah Code Page 36 (34) memoranda prepared by staff and used in the decision-making process by an administrative

law judge, a member of the Board of Pardons and Parole, or a member of any other body

charged by law with performing a quasi-judicial function;

(35) records that would reveal negotiations regarding assistance or incentives offered by or

requested from a governmental entity for the purpose of encouraging a person to expand or

locate a business in Utah, but only if disclosure would result in actual economic harm to the

person or place the governmental entity at a competitive disadvantage, but this section may not

be used to restrict access to a record evidencing a final contract;

(36) materials to which access must be limited for purposes of securing or maintaining the

governmental entity's proprietary protection of intellectual property rights including patents,

copyrights, and trade secrets;

(37) the name of a donor or a prospective donor to a governmental entity, including an institution

within the state system of higher education defined in Section 53B-1-102, and other information

concerning the donation that could reasonably be expected to reveal the identity of the donor,

provided that:

(a) the donor requests anonymity in writing;(b) any terms, conditions, restrictions, or privileges relating to the donation may not be classified

protected by the governmental entity under this Subsection (37); and

53B-1-102, the governmental unit to which the donation is made is primarily engaged in

educational, charitable, or artistic endeavors, and has no regulatory or legislative authority

over the donor, a member of the donor's immediate family, or any entity owned or controlled

by the donor or the donor's immediate family;

(38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;(39) a notification of workers' compensation insurance coverage described in Section 34A-2-205;(40)(a) the following records of an institution within the state system of higher education defined in

Section 53B-1-102, which have been developed, discovered, disclosed to, or received by or

on behalf of faculty, staff, employees, or students of the institution:

(i) unpublished lecture notes;(ii) unpublished notes, data, and information:(A) relating to research; and(B) of:(I) the institution within the state system of higher education defined in Section 53B-1-102;

(II) a sponsor of sponsored research;(iii) unpublished manuscripts;(iv) creative works in process;(v) scholarly correspondence; and(vi) confidential information contained in research proposals;(b) Subsection (40)(a) may not be construed to prohibit disclosure of public information required

pursuant to Subsection 53B-16-302(2)(a) or (b); and

(c) Subsection (40)(a) may not be construed to affect the ownership of a record;(41)(a) records in the custody or control of the Office of Legislative Auditor General that would reveal

the name of a particular legislator who requests a legislative audit prior to the date that audit

is completed and made public; and Utah Code Page 37 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the Office

of the Legislative Auditor General is a public document unless the legislator asks that the

records in the custody or control of the Office of Legislative Auditor General that would reveal

the name of a particular legislator who requests a legislative audit be maintained as protected

records until the audit is completed and made public;

(42) records that provide detail as to the location of an explosive, including a map or other

document that indicates the location of:

(a) a production facility; or(b) a magazine;(43) information:(a) contained in the statewide database of the Division of Aging and Adult Services created by

Section 62A-3-311.1; or

(b) received or maintained in relation to the Identity Theft Reporting Information System (IRIS)

established under Section 67-5-22;

(44) information contained in the Management Information System and Licensing Information

System described in Title 62A, Chapter 4a, Child and Family Services;

(45) information regarding National Guard operations or activities in support of the National

Guard's federal mission;

(46) records provided by any pawn or secondhand business to a law enforcement agency or to

the central database in compliance with Title 13, Chapter 32a, Pawnshop and Secondhand

Merchandise Transaction Information Act;

(47) information regarding food security, risk, and vulnerability assessments performed by the

Department of Agriculture and Food;

(48) except to the extent that the record is exempt from this chapter pursuant to Section

63G-2-106, records related to an emergency plan or program, a copy of which is provided to or

prepared or maintained by the Division of Emergency Management, and the disclosure of which

would jeopardize:

(a) the safety of the general public; or(b) the security of:(i) governmental property;(ii) governmental programs; or(iii) the property of a private person who provides the Division of Emergency Management

information;

(49) records of the Department of Agriculture and Food that provides for the identification, tracing,

or control of livestock diseases, including any program established under Title 4, Chapter 24,

Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control of Animal Disease;

(50) as provided in Section 26-39-501:(a) information or records held by the Department of Health related to a complaint regarding a

child care program or residential child care which the department is unable to substantiate;

and

(b) information or records related to a complaint received by the Department of Health from an

anonymous complainant regarding a child care program or residential child care;

(51) unless otherwise classified as public under Section 63G-2-301 and except as provided under

Section 41-1a-116, an individual's home address, home telephone number, or personal mobile

phone number, if:

(a) the individual is required to provide the information in order to comply with a law, ordinance,

rule, or order of a government entity; and Utah Code Page 38 (b) the subject of the record has a reasonable expectation that this information will be kept

confidential due to:

(i) the nature of the law, ordinance, rule, or order; and(ii) the individual complying with the law, ordinance, rule, or order;(52) the portion of the following documents that contains a candidate's residential or mailing

address, if the candidate provides to the filing officer another address or phone number where

the candidate may be contacted:

(a) a declaration of candidacy, a nomination petition, or a certificate of nomination, described in

Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408, 20A-9-408.5,

20A-9-502, or 20A-9-601;

(b) an affidavit of impecuniosity, described in Section 20A-9-201; or(c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;(53) the name, home address, work addresses, and telephone numbers of an individual that is

engaged in, or that provides goods or services for, medical or scientific research that is:

(a) conducted within the state system of higher education, as defined in Section 53B-1-102; and(b) conducted using animals;(54) in accordance with Section 78A-12-203, any record of the Judicial Performance Evaluation

Commission concerning an individual commissioner's vote on whether or not to recommend

that the voters retain a judge including information disclosed under Subsection 78A-12-203(5)

(e);

(55) information collected and a report prepared by the Judicial Performance Evaluation

Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12, Judicial

Performance Evaluation Commission Act, requires disclosure of, or makes public, the

information or report;

(56) records contained in the Management Information System created in Section 62A-4a-1003;(57) records provided or received by the Public Lands Policy Coordinating Office in furtherance of

any contract or other agreement made in accordance with Section 63J-4-603;

(58) information requested by and provided to the 911 Division under Section 63H-7a-302;(59) in accordance with Section 73-10-33:(a) a management plan for a water conveyance facility in the possession of the Division of Water

Resources or the Board of Water Resources; or

(b) an outline of an emergency response plan in possession of the state or a county or

municipality;

(60) the following records in the custody or control of the Office of Inspector General of Medicaid

Services, created in Section 63A-13-201:

(a) records that would disclose information relating to allegations of personal misconduct,

gross mismanagement, or illegal activity of a person if the information or allegation cannot

be corroborated by the Office of Inspector General of Medicaid Services through other

documents or evidence, and the records relating to the allegation are not relied upon by the

Office of Inspector General of Medicaid Services in preparing a final investigation report or

final audit report;

(b) records and audit workpapers to the extent they would disclose the identity of a person who,

during the course of an investigation or audit, communicated the existence of any Medicaid

fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or regulation

adopted under the laws of this state, a political subdivision of the state, or any recognized

entity of the United States, if the information was disclosed on the condition that the identity of

the person be protected; Utah Code Page 39 (c) before the time that an investigation or audit is completed and the final investigation or final

audit report is released, records or drafts circulated to a person who is not an employee or

head of a governmental entity for the person's response or information;

(d) records that would disclose an outline or part of any investigation, audit survey plan, or audit

program; or

(e) requests for an investigation or audit, if disclosure would risk circumvention of an investigation

or audit;

(61) records that reveal methods used by the Office of Inspector General of Medicaid Services, the

fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or abuse;

(62) information provided to the Department of Health or the Division of Occupational and

Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections 58-68-304(3)

and (4);

(63) a record described in Section 63G-12-210;(64) captured plate data that is obtained through an automatic license plate reader system used by

a governmental entity as authorized in Section 41-6a-2003;

(65) any record in the custody of the Utah Office for Victims of Crime relating to a victim, including:(a) a victim's application or request for benefits;(b) a victim's receipt or denial of benefits; and(c) any administrative notes or records made or created for the purpose of, or used to, evaluate

or communicate a victim's eligibility for or denial of benefits from the Crime Victim Reparations

Fund;

(66) an audio or video recording created by a body-worn camera, as that term is defined in Section

77-7a-103, that records sound or images inside a hospital or health care facility as those

terms are defined in Section 78B-3-403, inside a clinic of a health care provider, as that term

is defined in Section 78B-3-403, or inside a human service program as that term is defined in

Section 62A-2-101, except for recordings that:

(a) depict the commission of an alleged crime;(b) record any encounter between a law enforcement officer and a person that results in death or

bodily injury, or includes an instance when an officer fires a weapon;

enforcement officer or law enforcement agency;

(d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f); or(e) have been requested for reclassification as a public record by a subject or authorized agent of

a subject featured in the recording;

(67) a record pertaining to the search process for a president of an institution of higher education

described in Section 53B-2-102, except for application materials for a publicly announced

finalist;

(68) an audio recording that is:(a) produced by an audio recording device that is used in conjunction with a device or piece of

equipment designed or intended for resuscitating an individual or for treating an individual

with a life-threatening condition;

(b) produced during an emergency event when an individual employed to provide law

enforcement, fire protection, paramedic, emergency medical, or other first responder service:

(i) is responding to an individual needing resuscitation or with a life-threatening condition; and(ii) uses a device or piece of equipment designed or intended for resuscitating an individual or

for treating an individual with a life-threatening condition; and

response to an emergency situation; Utah Code Page 40 (69) records submitted by or prepared in relation to an applicant seeking a recommendation

by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the

Audit Subcommittee, established under Section 36-12-8, for an employment position with the

Legislature;

(70) work papers as defined in Section 31A-2-204;(71) a record made available to Adult Protective Services or a law enforcement agency under

Section 61-1-206;

(72) a record submitted to the Insurance Department in accordance with Section 31A-37-201 or

31A-22-653;

(73) a record described in Section 31A-37-503.(74) any record created by the Division of Occupational and Professional Licensing as a result of

Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);

(75) a record described in Section 72-16-306 that relates to the reporting of an injury involving an

amusement ride;

(76) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a political

petition, or on a request to withdraw a signature from a political petition, including a petition or

request described in the following titles:

(a)Title 10, Utah Municipal Code;(b)Title 17, Counties;(c)Title 17B, Limited Purpose Local Government Entities - Local Districts;(d)Title 17D, Limited Purpose Local Government Entities - Other Entities; and(e)Title 20A, Election Code;(77) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a voter

registration record;

(78) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature

described in Subsection (76) or (77), in the custody of the lieutenant governor or a local political

subdivision collected or held under, or in relation to, Title 20A, Election Code;

(79) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5, Victims

Guidelines for Prosecutors;

(80) a record submitted to the Insurance Department under Subsection 31A-47-103(1)(b); and(81) personal information, as defined in Section 63G-24-102, to the extent disclosure is prohibited

under Section 63G-24-103.

Amended by Chapter 112, 2020 General Session

Amended by Chapter 198, 2020 General Session

Amended by Chapter 339, 2020 General Session

Amended by Chapter 349, 2020 General Session

Amended by Chapter 382, 2020 General Session

Amended by Chapter 393, 2020 General Session

63G-2-305.5 Viewing or obtaining lists of signatures.

(1) The records custodian of a signature described in Subsection 63G-2-305(76) shall, upon

request, except for a name or signature classified as private under Title 20A, Chapter 2, Voter

Registration:

(a) provide a list of the names of the individuals who signed the petition or request; and(b) permit an individual to view, but not take a copy or other image of, the signatures on a political

petition described in Subsection 63G-2-305(76). Utah Code Page 41 (2) The records custodian of a signature described in Subsection 63G-2-305(77) shall, upon

request, except for a name or signature classified as private under Title 20A, Chapter 2, Voter

Registration:

(a) provide a list of the names of registered voters, excluding the names that are classified as

private under Title 20A, Chapter 2, Voter Registration; and

(b) except for a signature classified as private under Title 20A, Chapter 2, Voter Registration,

permit an individual to view, but not take a copy or other image of, the signature on a voter

registration record.

(3) Except for a signature classified as private under Title 20A, Chapter 2, Voter Registration, the

records custodian of a signature described in Subsection 63G-2-305(78) shall, upon request,

permit an individual to view, but not take a copy or other image of, a signature.

Enacted by Chapter 349, 2020 General Session

63G-2-306 Procedure to determine classification.

(1) If more than one provision of this chapter could govern the classification of a record, the

governmental entity shall classify the record by considering the nature of the interests intended

to be protected and the specificity of the competing provisions.

(2) Nothing in Subsection 63G-2-302(2), Section 63G-2-304, or 63G-2-305 requires a

governmental entity to classify a record as private, controlled, or protected.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-307 Duty to evaluate records and make designations and classifications.

(1) A governmental entity shall:(a) evaluate all record series that it uses or creates;(b) designate those record series as provided by this chapter and Title 63A, Chapter 12, Public

Records Management Act; and

(c) report the designations of its record series to the state archives.(2) A governmental entity may classify a particular record, record series, or information within

a record at any time, but is not required to classify a particular record, record series, or

information until access to the record is requested.

(3) A governmental entity may redesignate a record series or reclassify a record or record series,

or information within a record at any time.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-308 Allowing or denying access based on status of information in a record.

Notwithstanding any other provision in this chapter, if a governmental entity receives a request

for access to a record that contains both information that the requester is entitled to inspect and

information that the requester is not entitled to inspect under this chapter, and, if the information

the requester is entitled to inspect is intelligible, the governmental entity:

(1) shall, except as provided in Subsection 63G-2-201(1)(b)(iii), allow access to information in the

record that the requester is entitled to inspect under this chapter; and

(2) may deny access to information in the record if the information is exempt from disclosure to the

requester, issuing a notice of denial as provided in Section 63G-2-205.

Amended by Chapter 334, 2019 General Session Utah Code Page 42

63G-2-309 Confidentiality claims.

(1)(a)(i) Any person who provides to a governmental entity a record that the person believes should

be protected under Subsection 63G-2-305(1) or (2) or both Subsections 63G-2-305(1) and

(2) shall provide with the record:

(A) a written claim of business confidentiality; and(B) a concise statement of reasons supporting the claim of business confidentiality.(ii) Any of the following who provides to an institution within the state system of higher

education defined in Section 53B-1-102 a record that the person or governmental entity

believes should be protected under Subsection 63G-2-305(40)(a)(ii) or (vi) or both

Subsections 63G-2-305(40)(a)(ii) and (vi) shall provide the institution within the state system

of higher education a written claim of business confidentiality in accordance with Section

53B-16-304:

(A) a person;(B) a federal governmental entity;(C) a state governmental entity; or(D) a local governmental entity.(b) A person or governmental entity who complies with this Subsection (1) shall be notified by the

governmental entity to whom the request for a record is made if:

(i) a record claimed to be protected under one of the following is classified public:(A) Subsection 63G-2-305(1);(B) Subsection 63G-2-305(2);(C) Subsection 63G-2-305(40)(a)(ii);(D) Subsection 63G-2-305(40)(a)(vi); or(E) a combination of the provisions described in Subsections (1)(b)(i)(A) through (D); or(ii) the governmental entity to whom the request for a record is made determines that the record

claimed to be protected under a provision listed in Subsection (1)(b)(i) should be released

after balancing interests under Subsection 63G-2-201(5)(b) or 63G-2-401(6).

(2)(a) Except as provided in Subsection (2)(b) or by court order, the governmental entity to whom

the request for a record is made may not disclose a record claimed to be protected under a

provision listed in Subsection (1)(b)(i) but which the governmental entity or State Records

Committee determines should be disclosed until the period in which to bring an appeal

expires or the end of the appeals process, including judicial appeal.

(b) Subsection (2)(a) does not apply where the claimant, after notice, has waived the claim by not

appealing or intervening before the State Records Committee.

(3) Disclosure or acquisition of information under this chapter does not constitute misappropriation

under Subsection 13-24-2(2).

Amended by Chapter 254, 2019 General Session

63G-2-310 Records made public after 75 years.

(1) The classification of a record is not permanent and a record that was not classified public under

this act shall become a public record when the justification for the original or any subsequent

restrictive classification no longer exists. A record shall be presumed to be public 75 years

after its creation, except that a record that contains information about an individual 21 years old Utah Code Page 43 or younger at the time of the record's creation shall be presumed to be public 100 years after its

creation.

(2) Subsection (1) does not apply to records of unclaimed property held by the state treasurer in

accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.

Renumbered and Amended by Chapter 382, 2008 General Session

Part 4

Appeals

63G-2-400.5 Definitions.

As used in this part:

(1) "Access denial" means a governmental entity's denial, under Subsection 63G-2-204(9) or

Section 63G-2-205, in whole or in part, of a record request.

(2) "Appellate affirmation" means a decision of a chief administrative officer, local appeals board,

or State Records Committee affirming an access denial.

(3) "Interested party" means a person, other than a requester, who is aggrieved by an access

denial or an appellate affirmation, whether or not the person participated in proceedings leading

to the access denial or appellate affirmation.

(4) "Local appeals board" means an appeals board established by a political subdivision under

Subsection 63G-2-701(5)(c).

(5) "Record request" means a request for a record under Section 63G-2-204.(6) "Records committee appellant" means:(a) a political subdivision that seeks to appeal a decision of a local appeals board to the State

Records Committee; or

(b) a requester or interested party who seeks to appeal to the State Records Committee a

decision affirming an access denial.

(7) "Requester" means a person who submits a record request to a governmental entity.

Amended by Chapter 254, 2019 General Session

Amended by Chapter 334, 2019 General Session

63G-2-401 Appeal to chief administrative officer -- Notice of the decision of the appeal.

(1)(a) A requester or interested party may appeal an access denial to the chief administrative officer

of the governmental entity by filing a notice of appeal with the chief administrative officer

within 30 days after:

(i) the governmental entity sends a notice of denial under Section 63G-2-205, if the

governmental entity denies a record request under Subsection 63G-2-205(1); or

(ii) the record request is considered denied under Subsection 63G-2-204(9), if that subsection

applies.

(b) If a governmental entity claims extraordinary circumstances and specifies the date when

the records will be available under Subsection 63G-2-204(4), and, if the requester believes

the extraordinary circumstances do not exist or that the date specified is unreasonable,

the requester may appeal the governmental entity's claim of extraordinary circumstances

or date for compliance to the chief administrative officer by filing a notice of appeal with Utah Code Page 44 the chief administrative officer within 30 days after notification of a claim of extraordinary

circumstances by the governmental entity, despite the lack of a "determination" or its

equivalent under Subsection 63G-2-204(9).

(2) A notice of appeal shall contain:(a) the name, mailing address, and daytime telephone number of the requester or interested

party; and

(b) the relief sought.(3) The requester or interested party may file a short statement of facts, reasons, and legal

authority in support of the appeal.

(4)(a) If the appeal involves a record that is the subject of a business confidentiality claim under

Section 63G-2-309, the chief administrative officer shall:

(i) send notice of the appeal to the business confidentiality claimant within three business days

after receiving notice, except that if notice under this section must be given to more than 35

persons, it shall be given as soon as reasonably possible; and

(ii) send notice of the business confidentiality claim and the schedule for the chief administrative

officer's determination to the requester or interested party within three business days after

receiving notice of the appeal.

(b) The business confidentiality claimant shall have seven business days after notice is sent by

the administrative officer to submit further support for the claim of business confidentiality.

(5)(a) The chief administrative officer shall make a decision on the appeal within:(i)(A) 10 business days after the chief administrative officer's receipt of the notice of appeal; or(B) five business days after the chief administrative officer's receipt of the notice of appeal,

if the requester or interested party demonstrates that an expedited decision benefits the

public rather than the requester or interested party; or

(ii) 12 business days after the governmental entity sends the notice of appeal to a person who

submitted a claim of business confidentiality.

(b)(i) If the chief administrative officer fails to make a decision on an appeal of an access denial

within the time specified in Subsection (5)(a), the failure is the equivalent of a decision

affirming the access denial.

(ii) If the chief administrative officer fails to make a decision on an appeal under Subsection (1)

(b) within the time specified in Subsection (5)(a), the failure is the equivalent of a decision

affirming the claim of extraordinary circumstances or the reasonableness of the date

specified when the records will be available.

by agreement, extend the time periods specified in this section.

(6) Except as provided in Section 63G-2-406, the chief administrative officer may, upon

consideration and weighing of the various interests and public policies pertinent to the

classification and disclosure or nondisclosure, order the disclosure of information properly

classified as private under Subsection 63G-2-302(2) or protected under Section 63G-2-305 if

the interests favoring access are greater than or equal to the interests favoring restriction of

access.

(7)(a) The governmental entity shall send written notice of the chief administrative officer's decision

to all participants. Utah Code Page 45 (b) If the chief administrative officer's decision is to affirm the access denial in whole or in part,

the notice under Subsection (7)(a) shall include:

(i) a statement that the requester or interested party has the right to appeal the decision, as

provided in Section 63G-2-402, to:

(A) the State Records Committee or district court; or(B) the local appeals board, if the governmental entity is a political subdivision and the

governmental entity has established a local appeals board;

(ii) the time limits for filing an appeal; and(iii) the name and business address of:(A) the executive secretary of the State Records Committee; and(B) the individual designated as the contact individual for the appeals board, if the

governmental entity is a political subdivision that has established an appeals board under

Subsection 63G-2-701(5)(c).

(8) A person aggrieved by a governmental entity's classification or designation determination under

this chapter, but who is not requesting access to the records, may appeal that determination

using the procedures provided in this section. If a nonrequester is the only appellant, the

procedures provided in this section shall apply, except that the decision on the appeal shall be

made within 30 days after receiving the notice of appeal.

(9) The duties of the chief administrative officer under this section may be delegated.

Amended by Chapter 254, 2019 General Session

Amended by Chapter 334, 2019 General Session

63G-2-402 Appealing a decision of a chief administrative officer.

(1) If the decision of the chief administrative officer of a governmental entity under Section

63G-2-401 is to affirm the denial of a record request, the requester may:

(a)(i) appeal the decision to the State Records Committee, as provided in Section 63G-2-403; or(ii) petition for judicial review of the decision in district court, as provided in Section 63G-2-404;

(b) appeal the decision to the local appeals board if:(i) the decision is of a chief administrative officer of a governmental entity that is a political

subdivision; and

(ii) the political subdivision has established a local appeals board.(2) A requester who appeals a chief administrative officer's decision to the State Records

Committee or a local appeals board does not lose or waive the right to seek judicial review of

the decision of the State Records Committee or local appeals board.

(3) As provided in Section 63G-2-403, an interested party may appeal to the State Records

Committee a chief administrative officer's decision under Section 63G-2-401 affirming an

access denial.

Amended by Chapter 254, 2019 General Session

63G-2-403 Appeals to the State Records Committee.

(1)(a) A records committee appellant appeals to the State Records Committee by filing a notice of

appeal with the executive secretary of the State Records Committee no later than 30 days

after the date of issuance of the decision being appealed. Utah Code Page 46 (b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the executive

secretary of the State Records Committee no later than 45 days after the day on which the

record request is made if:

(i) the circumstances described in Subsection 63G-2-401(1)(b) occur; and(ii) the chief administrative officer fails to make a decision under Section 63G-2-401.(2) The notice of appeal shall:(a) contain the name, mailing address, and daytime telephone number of the records committee

appellant;

(b) be accompanied by a copy of the decision being appealed; and(c) state the relief sought.(3) The records committee appellant:(a) shall, on the day on which the notice of appeal is filed with the State Records Committee,

serve a copy of the notice of appeal on:

(i) the governmental entity whose access denial is the subject of the appeal, if the records

committee appellant is a requester or interested party; or

(ii) the requester or interested party who is a party to the local appeals board proceeding that

resulted in the decision that the political subdivision is appealing to the committee, if the

records committee appellant is a political subdivision; and

(b) may file a short statement of facts, reasons, and legal authority in support of the appeal.(4)(a) Except as provided in Subsections (4)(b) and (c), no later than seven business days after

receiving a notice of appeal, the executive secretary of the State Records Committee shall:

(i) schedule a hearing for the State Records Committee to discuss the appeal at the next

regularly scheduled committee meeting falling at least 16 days after the date the notice of

appeal is filed but no longer than 64 calendar days after the date the notice of appeal was

filed except that the committee may schedule an expedited hearing upon application of the

records committee appellant and good cause shown;

(ii) send a copy of the notice of hearing to the records committee appellant; and(iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing to:(A) each member of the State Records Committee;(B) the records officer and the chief administrative officer of the governmental entity whose

access denial is the subject of the appeal, if the records committee appellant is a

requester or interested party;

record that is the subject of the appeal; and

(D) all persons who participated in the proceedings before the governmental entity's chief

administrative officer, if the appeal is of the chief administrative officer's decision affirming

an access denial.

(b)(i) The executive secretary of the State Records Committee may decline to schedule a hearing

if the record series that is the subject of the appeal has been found by the committee in a

previous hearing involving the same governmental entity to be appropriately classified as

private, controlled, or protected.

(ii)(A) If the executive secretary of the State Records Committee declines to schedule a hearing,

the executive secretary shall send a notice to the records committee appellant indicating

that the request for hearing has been denied and the reason for the denial. Utah Code Page 47 (B) The State Records Committee shall make rules to implement this section as provided by

Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

appeal to the State Records Committee at a regularly scheduled State Records Committee

meeting that is later than the period described in Subsection (4)(a)(i) if that committee

meeting is the first regularly scheduled State Records Committee meeting at which there are

fewer than 10 appeals scheduled to be heard.

(5)(a) No later than five business days before the hearing, a governmental entity shall submit to the

executive secretary of the State Records Committee a written statement of facts, reasons,

and legal authority in support of the governmental entity's position.

(b) The governmental entity shall send a copy of the written statement by first class mail,

postage prepaid, to the requester or interested party involved in the appeal. The executive

secretary shall forward a copy of the written statement to each member of the State Records

Committee.

(6)(a) No later than 10 business days after the day on which the executive secretary sends the

notice of appeal, a person whose legal interests may be substantially affected by the

proceeding may file a request for intervention with the State Records Committee.

(b) Any written statement of facts, reasons, and legal authority in support of the intervener's

position shall be filed with the request for intervention.

Subsection (6)(b) to all parties to the proceedings before the State Records Committee.

(7) The State Records Committee shall hold a hearing within the period of time described in

Subsection (4).

(8) At the hearing, the State Records Committee shall allow the parties to testify, present evidence,

and comment on the issues. The committee may allow other interested persons to comment

on the issues.

(9)(a)(i) The State Records Committee:(A) may review the disputed records; and(B) shall review the disputed records, if the committee is weighing the various interests under

Subsection (11).

(ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.(b) Members of the State Records Committee may not disclose any information or record

reviewed by the committee in camera unless the disclosure is otherwise authorized by this

chapter.

(10)(a) Discovery is prohibited, but the State Records Committee may issue subpoenas or other

orders to compel production of necessary evidence.

(b) When the subject of a State Records Committee subpoena disobeys or fails to comply with

the subpoena, the committee may file a motion for an order to compel obedience to the

subpoena with the district court.

(c)(i) The State Records Committee's review shall be de novo, if the appeal is an appeal from a

decision of a chief administrative officer:

(A) issued under Section 63G-2-401; or Utah Code Page 48 (B) issued by a chief administrative officer of a political subdivision that has not established a

local appeals board.

(ii) For an appeal from a decision of a local appeals board, the State Records Committee shall

review and consider the decision of the local appeals board.

(11)(a) No later than seven business days after the hearing, the State Records Committee shall issue

a signed order:

(i) granting the relief sought, in whole or in part; or(ii) upholding the governmental entity's access denial, in whole or in part.(b) Except as provided in Section 63G-2-406, the State Records Committee may, upon

consideration and weighing of the various interests and public policies pertinent to the

classification and disclosure or nondisclosure, order the disclosure of information properly

classified as private, controlled, or protected if the public interest favoring access is greater

than or equal to the interest favoring restriction of access.

consider and, where appropriate, limit the requester's or interested party's use and further

disclosure of the record in order to protect:

(i) privacy interests in the case of a private or controlled record;(ii) business confidentiality interests in the case of a record protected under Subsection

63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and

(iii) privacy interests or the public interest in the case of other protected records.(12) The order of the State Records Committee shall include:(a) a statement of reasons for the decision, including citations to this chapter, court rule or order,

another state statute, federal statute, or federal regulation that governs disclosure of the

record, if the citations do not disclose private, controlled, or protected information;

(b) a description of the record or portions of the record to which access was ordered or denied,

if the description does not disclose private, controlled, or protected information or information

exempt from disclosure under Subsection 63G-2-201(3)(b);

the committee's decision to district court; and

(d) a brief summary of the appeals process, the time limits for filing an appeal, and a notice that

in order to protect its rights on appeal, the party may wish to seek advice from an attorney.

(13) If the State Records Committee fails to issue a decision within 73 calendar days of the

filing of the notice of appeal, that failure is the equivalent of an order denying the appeal. A

records committee appellant shall notify the State Records Committee in writing if the records

committee appellant considers the appeal denied.

(14) A party to a proceeding before the State Records Committee may seek judicial review in

district court of a State Records Committee order by filing a petition for review of the order as

provided in Section 63G-2-404.

(15)(a) Unless a notice of intent to appeal is filed under Subsection (15)(b), each party to the

proceeding shall comply with the order of the State Records Committee.

(b) If a party disagrees with the order of the State Records Committee, that party may file a

notice of intent to appeal the order.

appeal is filed, or if, as a result of the appeal, the governmental entity is required to produce a

record, the governmental entity shall:

(i) produce the record; and Utah Code Page 49 (ii) file a notice of compliance with the committee.(d)(i) If the governmental entity that is ordered to produce a record fails to file a notice of

compliance or a notice of intent to appeal, the State Records Committee may do either or

both of the following:

(A) impose a civil penalty of up to $500 for each day of continuing noncompliance; or(B) send written notice of the governmental entity's noncompliance to the governor.(ii) In imposing a civil penalty, the State Records Committee shall consider the gravity and

circumstances of the violation, including whether the failure to comply was due to neglect or

was willful or intentional.

Amended by Chapter 254, 2019 General Session

63G-2-404 Judicial review.

(1)(a) A petition for judicial review of an order or decision, as allowed under this part or in

Subsection 63G-2-701(6)(a)(ii), shall be filed no later than 30 days after the date of the order

or decision.

(b) The State Records Committee is a necessary party to a petition for judicial review of a State

Records Committee order.

petition for judicial review of a State Records Committee order, in accordance with the Utah

Rules of Civil Procedure.

(2) A petition for judicial review is a complaint governed by the Utah Rules of Civil Procedure and

shall contain:

(a) the petitioner's name and mailing address;(b) a copy of the State Records Committee order from which the appeal is taken, if the petitioner

is seeking judicial review of an order of the State Records Committee;

with a copy of that determination;

(d) a request for relief specifying the type and extent of relief requested; and(e) a statement of the reasons why the petitioner is entitled to relief.(3) If the appeal is based on the denial of access to a protected record based on a claim of

business confidentiality, the court shall allow the claimant of business confidentiality to provide

to the court the reasons for the claim of business confidentiality.

(4) All additional pleadings and proceedings in the district court are governed by the Utah Rules of

Civil Procedure.

(5) The district court may review the disputed records. The review shall be in camera.(6)(a) The court shall:(i) make the court's decision de novo, but, for a petition seeking judicial review of a State

Records Committee order, allow introduction of evidence presented to the State Records

Committee;

(ii) determine all questions of fact and law without a jury; and(iii) decide the issue at the earliest practical opportunity.(b) In a court's review and decision of a petition seeking judicial review of a State Records

Committee order, the court may not remand the petition to the State Records Committee for

any additional proceedings. Utah Code Page 50 (7)(a) Except as provided in Section 63G-2-406, the court may, upon consideration and weighing

of the various interests and public policies pertinent to the classification and disclosure or

nondisclosure, order the disclosure of information properly classified as private, controlled,

or protected if the interest favoring access is greater than or equal to the interest favoring

restriction of access.

(b) The court shall consider and, where appropriate, limit the requester's use and further

disclosure of the record in order to protect privacy interests in the case of private or controlled

records, business confidentiality interests in the case of records protected under Subsections

63G-2-305(1) and (2), and privacy interests or the public interest in the case of other

protected records.

Amended by Chapter 254, 2019 General Session

63G-2-405 Confidential treatment of records for which no exemption applies.

(1) A court may, on appeal or in a declaratory or other action, order the confidential treatment of

records for which no exemption from disclosure applies if:

(a) there are compelling interests favoring restriction of access to the record; and(b) the interests favoring restriction of access clearly are greater than or equal to the interests

favoring access.

(2) If a governmental entity requests a court to restrict access to a record under this section, the

court shall require the governmental entity to pay the reasonable attorney fees incurred by the

lead party in opposing the governmental entity's request, if:

(a) the court finds that no statutory or constitutional exemption from disclosure could reasonably

apply to the record in question; and

(b) the court denies confidential treatment under this section.(3) This section does not apply to records that are specifically required to be public under

statutory provisions outside of this chapter or under Section 63G-2-301, except as provided in

Subsection (4).

(4)(a) Access to drafts and empirical data in drafts may be limited under this section, but the court

may consider, in its evaluation of interests favoring restriction of access, only those interests

that relate to the underlying information, and not to the deliberative nature of the record.

(b) Access to original data in a computer program may be limited under this section, but the

court may consider, in its evaluation of interests favoring restriction of access, only those

interests that relate to the underlying information, and not to the status of that data as part of

a computer program.

Amended by Chapter 377, 2012 General Session

63G-2-406 Evidentiary standards for release of certain enforcement and litigation records.

(1) A record that is classified as protected under Subsection 63G-2-305(10), (17), (18), (23), (24),

or (33) may be ordered to be disclosed under the provisions of Subsection 63G-2-401(6),

63G-2-403(11)(b), or 63G-2-404(7)(a) only if the person or party seeking disclosure of the

record has established, by a preponderance of the evidence, that the public interest favoring

access is equal to or greater than the interest favoring restriction of access.

(2) A record that is classified as protected under Subsection 63G-2-305(11) may be ordered to be

disclosed under the provisions of Subsection 63G-2-401(6), 63G-2-403(11)(b), or 63G-2-404(7) Utah Code Page 51 only if the person or party seeking disclosure of the record has established, by clear and

convincing evidence, that the public interest favoring access is equal to or greater than the

interest favoring restriction of access.

Amended by Chapter 445, 2013 General Session

Part 5

State Records Committee

Superseded 1/1/2021

63G-2-501 State Records Committee created -- Membership -- Terms -- Vacancies --

Expenses.

(1) There is created the State Records Committee within the Department of Administrative

Services consisting of the following seven individuals:

(a) an individual in the private sector whose profession requires the individual to create or

manage records that, if created by a governmental entity, would be private or controlled;

(b) an individual with experience with electronic records and databases, as recommended by a

statewide technology advocacy organization that represents the public, private, and nonprofit

sectors;

(c) the director of the Division of Archives and Records Services or the director's designee;(d) two citizen members;(e) one person representing political subdivisions, as recommended by the Utah League of Cities

and Towns; and

(f) one individual representing the news media.(2) The governor shall appoint the members described in Subsections (1)(a), (b), (d), (e), and (f)

with the advice and consent of the Senate.

(3)(a) Except as provided in Subsection (3)(b), the governor shall appoint each member to a four-

year term.

(b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment or

reappointment, adjust the length of terms to ensure that the terms of committee members are

staggered so that approximately half of the committee is appointed every two years.

(c) Each appointed member is eligible for reappointment for one additional term.(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed

for the unexpired term.

(5) A member of the State Records Committee may not receive compensation or benefits for

the member's service on the committee, but may receive per diem and travel expenses in

accordance with:

(a) Section 63A-3-106;(b) Section 63A-3-107; and(c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.

Amended by Chapter 352, 2020 General Session

Effective 1/1/2021 Utah Code Page 52 63G-2-501 State Records Committee created -- Membership -- Terms -- Vacancies --

Expenses.

(1) There is created the State Records Committee within the Department of Administrative

Services consisting of the following seven individuals:

(a) an individual in the private sector whose profession requires the individual to create or

manage records that, if created by a governmental entity, would be private or controlled;

(b) an individual with experience with electronic records and databases, as recommended by a

statewide technology advocacy organization that represents the public, private, and nonprofit

sectors;

and Towns; and

(f) one individual representing the news media.(2) The governor shall appoint the members described in Subsections (1)(a), (b), (d), (e), and (f)

with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,

Vacancies.

(3)(a) Except as provided in Subsection (3)(b), the governor shall appoint each member to a four-

year term.

(b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment or

reappointment, adjust the length of terms to ensure that the terms of committee members are

staggered so that approximately half of the committee is appointed every two years.

(c) Each appointed member is eligible for reappointment for one additional term.(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed

for the unexpired term.

(5) A member of the State Records Committee may not receive compensation or benefits for

the member's service on the committee, but may receive per diem and travel expenses in

accordance with:

(a) Section 63A-3-106;(b) Section 63A-3-107; and(c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.(6) A member described in Subsection (1)(a), (b), (d), (e), or (f) shall comply with the conflict of

interest provisions described in Chapter 24, Part 3, Conflicts of Interest.

Amended by Chapter 352, 2020 General Session

Amended by Chapter 373, 2020 General Session

63G-2-502 State Records Committee -- Duties.

(1) The State Records Committee shall:(a) hear appeals from determinations of access under Section 63G-2-403;(b) determine disputes submitted by the state auditor under Subsection 67-3-1(17)(d); and(c) appoint a chair from among the committee's members.(2) The State Records Committee may:(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to

govern the committee's proceedings; and Utah Code Page 53 (b) by order, after notice and hearing, reassign classification and designation for any record

series by a governmental entity if the governmental entity's classification or designation is

inconsistent with this chapter.

(3)(a) The State Records Committee shall annually appoint an executive secretary to provide

administrative support to the committee.

(b) The executive secretary is not a voting member of the committee.(4) Five members of the State Records Committee are a quorum for the transaction of business.(5) The state archives shall provide staff and support services for the State Records Committee.(6) If the State Records Committee reassigns the classification or designation of a record or record

series under Subsection (2)(b), any affected governmental entity or any other interested person

may appeal the reclassification or redesignation to the district court. The district court shall

hear the matter de novo.

(7) The Office of the Attorney General shall provide counsel to the State Records Committee.

Amended by Chapter 254, 2019 General Session

Part 6

Collection of Information and Accuracy of Records

63G-2-601 Rights of individuals on whom data is maintained -- Classification statement --

Notice to provider of information.

(1)(a) Each governmental entity shall file with the state archivist a statement explaining the

purposes for which a record series that is designated as private or controlled is collected and

used by that governmental entity.

(b) The statement filed under Subsection (1)(a) is a public record.(2)(a) A governmental entity shall provide notice of the following to a person that is asked to furnish

information that could be classified as a private or controlled record:

(i) the reasons the person is asked to furnish the information;(ii) the intended uses of the information;(iii) the consequences for refusing to provide the information; and(iv) the classes of persons and the governmental entities that currently:(A) share the information with the governmental entity; or(B) receive the information from the governmental entity on a regular or contractual basis.(b) The notice shall be:(i) posted in a prominent place at all locations where the governmental entity collects the

information; or

(ii) included as part of the documents or forms that are used by the governmental entity to

collect the information.

(3) Upon request, each governmental entity shall explain to a person:(a) the reasons the person is asked to furnish information that could be classified as a private or

controlled record;

(b) the intended uses of the information referred to in Subsection (3)(a);(c) the consequences for refusing to provide the information referred to in Subsection (3)(a); and Utah Code Page 54 (d) the reasons and circumstances under which the information referred to in Subsection (3)(a)

may be shared with or provided to other persons or governmental entities.

(4) A governmental entity may use private or controlled records only for those purposes:(a) given in the statement filed with the state archivist under Subsection (1); or(b) for which another governmental entity may use the record under Section 63G-2-206.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-602 Disclosure to subject of records -- Context of use.

When providing records under Subsection 63G-2-202(1) or when providing public records about

an individual to the persons specified in Subsection 63G-2-202(1), a governmental entity shall,

upon request, disclose the context in which the record is used.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-603 Requests to amend a record -- Appeals.

(1) Proceedings of state agencies under this section shall be governed by Title 63G, Chapter 4,

Administrative Procedures Act.

(2)(a) Subject to Subsection (8), an individual may contest the accuracy or completeness of any

public, or private, or protected record concerning him by requesting the governmental entity

to amend the record. However, this section does not affect the right of access to private or

protected records.

(b) The request shall contain the following information:(i) the requester's name, mailing address, and daytime telephone number; and(ii) a brief statement explaining why the governmental entity should amend the record.(3) The governmental entity shall issue an order either approving or denying the request to amend

as provided in Title 63G, Chapter 4, Administrative Procedures Act, or, if the act does not apply,

no later than 30 days after receipt of the request.

(4) If the governmental entity approves the request, it shall correct all of its records that contain the

same incorrect information as soon as practical. A governmental entity may not disclose the

record until it has amended it.

(5) If the governmental entity denies the request, it shall:(a) inform the requester in writing; and(b) provide a brief statement giving its reasons for denying the request.(6)(a) If a governmental entity denies a request to amend a record, the requester may submit a

written statement contesting the information in the record.

(b) The governmental entity shall:(i) file the requester's statement with the disputed record if the record is in a form such that the

statement can accompany the record or make the statement accessible if the record is not

in a form such that the statement can accompany the record; and

(ii) disclose the requester's statement along with the information in the record whenever the

governmental entity discloses the disputed information.

(7) The requester may appeal the denial of the request to amend a record pursuant to the

Administrative Procedures Act or, if that act does not apply, to district court.

(8) This section does not apply to records relating to title to real or personal property, medical

records, judicial case files, or any other records that the governmental entity determines must Utah Code Page 55 be maintained in their original form to protect the public interest and to preserve the integrity of

the record system.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-2-604 Retention and disposition of records.

(1)(a) Except for a governmental entity that is permitted to maintain the governmental entity's own

retention schedules under Part 7, Applicability to Political Subdivisions, the Judiciary, and the

Legislature, each governmental entity shall file with the Records Management Committee

created in Section 63A-12-112 a proposed schedule for the retention and disposition of each

type of material that is defined as a record under this chapter.

(b) After a retention schedule is reviewed and approved by the Records Management Committee

under Subsection 63A-12-113(1)(b), the governmental entity shall maintain and destroy

records in accordance with the retention schedule.

retention schedule from the Records Management Committee for a specific type of material

that is classified as a record under this chapter, the model retention schedule maintained by

the state archivist shall govern the retention and destruction of that type of material.

(2) A retention schedule that is filed with or approved by the Records Management Committee

under the requirements of this section is a public record.

Amended by Chapter 254, 2019 General Session

Part 7

Applicability to Political Subdivisions, the Judiciary, and the Legislature

63G-2-701 Political subdivisions may adopt ordinances in compliance with chapter --

Appeal process.

(1) As used in this section:(a) "Access denial" means the same as that term is defined in Section 63G-2-400.5.(b) "Interested party" means the same as that term is defined in Section 63G-2-400.5.(c) "Requester" means the same as that term is defined in Section 63G-2-400.5.(2)(a) Each political subdivision may adopt an ordinance or a policy applicable throughout its

jurisdiction relating to information practices including classification, designation, access,

denials, segregation, appeals, management, retention, and amendment of records.

(b) The ordinance or policy shall comply with the criteria set forth in this section.(c) If any political subdivision does not adopt and maintain an ordinance or policy, then that

political subdivision is subject to this chapter.

(d) Notwithstanding the adoption of an ordinance or policy, each political subdivision is subject

to Part 1, General Provisions, Part 3, Classification, and Sections 63A-12-105, 63A-12-107,

63G-2-201, 63G-2-202, 63G-2-205, 63G-2-206, 63G-2-601, and 63G-2-602.

(e) Every ordinance, policy, or amendment to the ordinance or policy shall be filed with the state

archives no later than 30 days after its effective date. Utah Code Page 56 (f) The political subdivision shall also report to the state archives all retention schedules, and

all designations and classifications applied to record series maintained by the political

subdivision.

(g) The report required by Subsection (2)(f) is notification to state archives of the political

subdivision's retention schedules, designations, and classifications. The report is not subject

to approval by state archives. If state archives determines that a different retention schedule

is needed for state purposes, state archives shall notify the political subdivision of the state's

retention schedule for the records and shall maintain the records if requested to do so under

Subsection 63A-12-105(2).

(3) Each ordinance or policy relating to information practices shall:(a) provide standards for the classification and designation of the records of the political

subdivision as public, private, controlled, or protected in accordance with Part 3,

Classification;

(b) require the classification of the records of the political subdivision in accordance with those

standards;

(c) provide guidelines for establishment of fees in accordance with Section 63G-2-203; and(d) provide standards for the management and retention of the records of the political subdivision

comparable to Section 63A-12-103.

(4)(a) Each ordinance or policy shall establish access criteria, procedures, and response times for

requests to inspect, obtain, or amend records of the political subdivision, and time limits for

appeals consistent with this chapter.

(b) In establishing response times for access requests and time limits for appeals, the political

subdivision may establish reasonable time frames different than those set out in Section

63G-2-204 and Part 4, Appeals, if it determines that the resources of the political subdivision

are insufficient to meet the requirements of those sections.

(5)(a) A political subdivision shall establish an appeals process for persons aggrieved by

classification, designation, or access decisions.

(b) A political subdivision's appeals process shall include a process for a requester or interested

party to appeal an access denial to a person designated by the political subdivision as the

chief administrative officer for purposes of an appeal under Section 63G-2-401.

(c)(i) A political subdivision may establish an appeals board to decide an appeal of a decision of

the chief administrative officer affirming an access denial.

(ii) An appeals board established by a political subdivision shall be composed of three

members:

(A) one of whom shall be an employee of the political subdivision; and(B) two of whom shall be members of the public who are not employed by or officials of

a governmental entity, at least one of whom shall have professional experience with

requesting or managing records.

(iii) If a political subdivision establishes an appeals board, any appeal of a decision of a chief

administrative officer shall be made to the appeals board.

(iv) If a political subdivision does not establish an appeals board, the political subdivision's

appeals process shall provide for an appeal of a chief administrative officer's decision to the

State Records Committee, as provided in Section 63G-2-403.

(6)(a) A political subdivision or requester may appeal an appeals board decision: Utah Code Page 57 (i) to the State Records Committee, as provided in Section 63G-2-403; or(ii) by filing a petition for judicial review with the district court.(b) The contents of a petition for judicial review under Subsection (6)(a)(ii) and the conduct of the

proceeding shall be in accordance with Sections 63G-2-402 and 63G-2-404.

lose or waive the right to seek judicial review of the decision of the State Records Committee.

(7) Any political subdivision that adopts an ordinance or policy under Subsection (1) shall forward

to state archives a copy and summary description of the ordinance or policy.

Amended by Chapter 254, 2019 General Session

63G-2-702 Applicability to the judiciary.

(1) The judiciary is subject to the provisions of this chapter except as provided in this section.(2)(a) The judiciary is not subject to Part 4, Appeals, except as provided in Subsection (5).(b) The judiciary is not subject to Part 5, State Records Committee, and Part 6, Collection of

Information and Accuracy of Records.

63A-12-105 and 63A-12-106.

(3) The Judicial Council, the Administrative Office of the Courts, the courts, and other

administrative units in the judicial branch shall designate and classify their records in

accordance with Sections 63G-2-301 through 63G-2-305.

(4) Substantially consistent with the provisions of this chapter, the Judicial Council shall:(a) make rules governing requests for access, fees, classification, designation, segregation,

management, retention, denials and appeals of requests for access and retention, and

amendment of judicial records;

(b) establish an appellate board to handle appeals from denials of requests for access and

provide that a requester who is denied access by the appellate board may file a lawsuit in

district court; and

consistent with Section 63A-12-103.

(5) Rules governing appeals from denials of requests for access shall substantially comply with the

time limits provided in Section 63G-2-204 and Part 4, Appeals.

(6) Upon request, the state archivist shall:(a) assist with and advise concerning the establishment of a records management program in the

judicial branch; and

(b) as required by the judiciary, provide program services similar to those available to the

executive and legislative branches of government as provided in this chapter and Title 63A,

Chapter 12, Public Records Management Act.

Amended by Chapter 369, 2012 General Session

63G-2-703 Applicability to the Legislature.

(1) The Legislature and its staff offices shall designate and classify records in accordance with

Sections 63G-2-301 through 63G-2-305 as public, private, controlled, or protected.

(2) Utah Code Page 58 (a) The Legislature and its staff offices are not subject to Section 63G-2-203 or to Part 4,

Appeals, Part 5, State Records Committee, or Part 6, Collection of Information and Accuracy

of Records.

(b) The Legislature is subject to only the following sections in Title 63A, Chapter 12, Public

Records Management Act: Sections 63A-12-102 and 63A-12-106.

(3) The Legislature, through the Legislative Management Committee:(a) shall establish policies to handle requests for classification, designation, fees, access,

denials, segregation, appeals, management, retention, and amendment of records; and

(b) may establish an appellate board to hear appeals from denials of access.(4) Policies shall include reasonable times for responding to access requests consistent with the

provisions of Part 2, Access to Records, fees, and reasonable time limits for appeals.

(5) Upon request, the state archivist shall:(a) assist with and advise concerning the establishment of a records management program in the

Legislature; and

(b) as required by the Legislature, provide program services similar to those available to the

executive branch of government, as provided in this chapter and Title 63A, Chapter 12, Public

Records Management Act.

Amended by Chapter 258, 2015 General Session

Part 8

Remedies

63G-2-801 Criminal penalties.

(1)(a) A public employee or other person who has lawful access to any private, controlled, or

protected record under this chapter, and who intentionally discloses, provides a copy of, or

improperly uses a private, controlled, or protected record knowing that the disclosure or use is

prohibited under this chapter, is, except as provided in Subsection 53-5-708(1)(c), guilty of a

class B misdemeanor.

(b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released private,

controlled, or protected information in the reasonable belief that the use or disclosure of the

information was necessary to expose a violation of law involving government corruption,

abuse of office, or misappropriation of public funds or property.

released to the recipient if it had been properly classified.

(d) It is a defense to prosecution under Subsection (1)(a) that the public employee or other

person disclosed, provided, or used the record based on a good faith belief that the

disclosure, provision, or use was in accordance with the law.

(2)(a) A person who by false pretenses, bribery, or theft, gains access to or obtains a copy of any

private, controlled, or protected record to which the person is not legally entitled is guilty of a

class B misdemeanor.

(b) No person shall be guilty under Subsection (2)(a) who receives the record, information, or

copy after the fact and without prior knowledge of or participation in the false pretenses,

bribery, or theft. Utah Code Page 59 (3)(a) A public employee who intentionally refuses to release a record, the disclosure of which the

employee knows is required by law, is guilty of a class B misdemeanor.

(b) It is a defense to prosecution under Subsection (3)(a) that the public employee's failure to

release the record was based on a good faith belief that the public employee was acting in

accordance with the requirements of law.

employee knows is required by a final unappealed order from a government entity, the State

Records Committee, or a court is guilty of a class B misdemeanor.

Amended by Chapter 254, 2019 General Session

63G-2-802 Injunction -- Attorney fees.

(1) A district court in this state may enjoin any governmental entity or political subdivision that

violates or proposes to violate the provisions of this chapter.

(2)(a) A district court may assess against any governmental entity or political subdivision reasonable

attorney fees and other litigation costs reasonably incurred in connection with a judicial

appeal to determine whether a requester is entitled to access to records under a records

request, if the requester substantially prevails.

(b) In determining whether to award attorneys' fees under this section, the court shall consider:(i) the public benefit derived from the case;(ii) the nature of the requester's interest in the records; and(iii) whether the governmental entity's or political subdivision's actions had a reasonable basis.(c) Attorney fees shall not ordinarily be awarded if the purpose of the litigation is primarily to

benefit the requester's financial or commercial interest.

(3) Neither attorney fees nor costs shall be awarded for fees or costs incurred during administrative

proceedings.

(4) Notwithstanding Subsection (2), a court may only award fees and costs incurred in connection

with appeals to district courts under Subsection 63G-2-404(2) if the fees and costs were

incurred 20 or more days after the requester provided to the governmental entity or political

subdivision a statement of position that adequately explains the basis for the requester's

position.

(5) Claims for attorney fees as provided in this section or for damages are subject to Title 63G,

Chapter 7, Governmental Immunity Act of Utah.

Amended by Chapter 334, 2019 General Session

63G-2-803 No individual liability for certain decisions of a governmental entity.

(1) Neither the governmental entity, nor any officer or employee of the governmental entity, is liable

for damages resulting from the release of a record where the person or government requesting

the record presented evidence of authority to obtain the record even if it is subsequently

determined that the requester had no authority.

(2) Neither the governmental entity, nor any officer or employee of the governmental entity, is

liable for damages arising from the negligent disclosure of records classified as private under

Subsection 63G-2-302(1)(g) unless:

(a) the disclosure was of employment records maintained by the governmental entity; or Utah Code Page 60 (b) the current or former government employee had previously filed the notice required by

Section 63G-2-303 and:

(i) the government entity did not take reasonable steps to preclude access or distribution of the

record; or

(ii) the release of the record was otherwise willfully or grossly negligent.(3) A mailing from a government agency to an individual who has filed an application under Section

63G-2-303 is not a wrongful disclosure under this chapter or under Title 63A, Chapter 12,

Public Records Management Act.

Amended by Chapter 426, 2013 General Session

63G-2-804 Violation of provision of chapter -- Penalties for intentional mutilation or

destruction -- Disciplinary action.

A governmental entity may take disciplinary action which may include suspension or discharge

against any employee of the governmental entity who intentionally violates any provision of this

chapter or Subsection 63A-12-105(3).

Amended by Chapter 44, 2009 General Session

Part 9

Public Associations

63G-2-901 Definitions -- Public associations subject to act.

(1) As used in this section:(a) "Public association" means any association, organization, or society whose members include

elected or appointed public officials and for which public funds are used or paid to the public

association for membership dues or for other support for the official's participation in the

public association.

(b)(i) "Public funds" means any money received by a public entity from appropriations, taxes, fees,

interest, or other returns on investment.

(ii) "Public funds" does not include money donated to a public entity by a person or entity.(2) The budget documents and financial statements of a public association shall be released

pursuant to a written request if 50% or more of the public association's:

(a) members are elected or appointed public officials from this state; and(b) membership dues or other financial support come from public funds from this state.

Renumbered and Amended by Chapter 382, 2008 General Session