63G-2-803. No liability for certain decisions of a governmental entity or a political
subdivision.
(1) Neither the governmental entity or political subdivision, nor any officer or employee
of the governmental entity or political subdivision, 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 or political subdivision, nor any officer or employee
of the governmental entity or political subdivision, 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.
Renumbered and Amended by Chapter 382, 2008 General Session
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Last revised: Wednesday, October 08, 2008