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)(f) unless:
(a) the disclosure was of employment records maintained by the governmental entity; or
(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, Archives and Records Service.
Amended by Chapter 44, 2009 General Session
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Last revised: Thursday, May 28, 2009