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Section 102 – Legislative intent.

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 […]

Section 105 – Confidentiality agreements.

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 […]

Section 106 – Records of security measures.

Effective 5/4/2022 63G-2-106. Records of security measures. (1) 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. (2) The records described in Subsection (1) include: (a) security plans, including a plan: (i) to prepare for […]

Section 107 – Disclosure of records subject to federal law.

Effective 5/10/2016 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) […]

Section 108 – Certification of records officer.

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