Effective 5/12/2020 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 […]
Effective 9/1/2022 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; (c) records of publicly funded libraries that […]
Effective 5/14/2019 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 39A, Chapter […]
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; […]
Effective 9/1/2022 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 […]
Effective 5/5/2021 63G-2-305.5. Viewing or obtaining lists of signatures. (1) The records custodian of a signature described in Subsection 63G-2-305(75) 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; […]
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 […]
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, Division of Archives and Records Service; and (c) report the designations of its record series […]
Effective 5/14/2019 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 […]
Effective 5/14/2019 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 […]
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 […]
