S.B. 34 Enrolled

PRIVATE RECORDS AMENDMENTS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: David H. Steele
This act modifies the Government Records Access and Management Act to expand records
designated as private to include certain records in an electronic database for state online
applications. The act clarifies the effect of a governmental entity's receipt of a record that
contains the same information as an already held record with a different classification. The
act provides an effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-2-206 (Effective 07/01/02), as last amended by Chapter 8, Laws of Utah 2001, First
Special Session
63-2-206 (Superseded 07/01/02), as last amended by Chapter 229, Laws of Utah 2000
63-2-302 (Effective 07/01/02), as last amended by Chapter 8, Laws of Utah 2001, First
Special Session
63-2-302 (Superseded 07/01/02), as last amended by Chapter 48, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-2-206 (Effective 07/01/02) is amended to read:
63-2-206 (Effective 07/01/02). 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;
(c) is authorized by state statute to conduct an audit and the record is needed for that
purpose; or

(d) is one that collects information for presentence, probationary, or parole purposes.
(2) A governmental entity may provide a private or controlled 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:
(a) that the record or record series is necessary to the performance of the governmental
entity's duties and functions;
(b) 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
(c) that the use of the record or record series produces a public benefit that outweighs the
individual privacy right that protects the record or record series.
(3) A governmental entity may provide a record or record series that is protected under
Subsection 63-2-304 (1) or (2) to another governmental entity, a political subdivision, a
government-managed corporation, the federal government, or another state if:
(a) the record is necessary to the performance of the requesting entity's duties and functions;
or
(b) the record will be used for a purpose similar to the purpose for which the information in
the record or record series was collected or obtained.
(4) (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), or (d).
(b) Subsection (4)(a)(iii) applies only if the record is a record described in Subsection
63-2-304 (4).
(5) Before disclosing a record or record series under this section to another governmental
entity, another state, the United States, or a foreign government, the originating governmental entity

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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.
(6) A governmental entity may disclose a record to another state, the United States, or a
foreign government for the reasons listed in Subsections (1), (2), and (3) without complying with the
procedures of Subsection (2) or (5) if disclosure is authorized by executive agreement, treaty, federal
statute, compact, federal regulation, or state statute.
(7) [A] (a) Subject to Subsection (7)(b), a governmental entity receiving a record under this
section is subject to the same restrictions on disclosure of the [material] record as the originating
entity.
(b) The classification of a record already held by a governmental entity and the applicable
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.
(8) 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.
(9) The following records may not be shared under this section:
(a) 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; and
(b) records of publicly funded libraries as described in Subsection 63-2-302 (1)(a)(iii).
(10) Records that may evidence or relate to a violation of law may be disclosed to a
government prosecutor, peace officer, or auditor.
Section 2. Section 63-2-206 (Superseded 07/01/02) is amended to read:

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63-2-206 (Superseded 07/01/02). 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;
(c) is authorized by state statute to conduct an audit and the record is needed for that
purpose; or
(d) is one that collects information for presentence, probationary, or parole purposes.
(2) A governmental entity may provide a private or controlled 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:
(a) that the record or record series is necessary to the performance of the governmental
entity's duties and functions;
(b) 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
(c) that the use of the record or record series produces a public benefit that outweighs the
individual privacy right that protects the record or record series.
(3) A governmental entity may provide a record or record series that is protected under
Subsection 63-2-304 (1) or (2) to another governmental entity, a political subdivision, a
government-managed corporation, the federal government, or another state if:
(a) the record is necessary to the performance of the requesting entity's duties and functions;
or
(b) the record will be used for a purpose similar to the purpose for which the information in
the record or record series was collected or obtained.
(4) (a) A governmental entity shall provide a private, controlled, or protected record to

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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 63-2-206 (1)(a), (b), (c), or (d).
(b) Subsection (4)(a)(iii) applies only if the record is a record described in Subsection
63-2-304 (4).
(5) Before disclosing a record or record series under this section to another governmental
entity, another state, the United States, or a foreign government, 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.
(6) A governmental entity may disclose a record to another state, the United States, or a
foreign government for the reasons listed in Subsections (1), (2), and (3) without complying with the
procedures of Subsection (2) or (5) if disclosure is authorized by executive agreement, treaty, federal
statute, compact, federal regulation, or state statute.
(7) [A] (a) Subject to Subsection (7)(b), a governmental entity receiving a record under this
section is subject to the same restrictions on disclosure of the [material] record as the originating
entity.
(b) The classification of a record already held by a governmental entity and the applicable
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.

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(8) 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.
(9) The following records may not be shared under this section:
(a) 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; and
(b) records of publicly funded libraries as described in Subsection 63-2-302 (1)(c).
(10) Records that may evidence or relate to a violation of law may be disclosed to a
government prosecutor, peace officer, or auditor.
Section 3. Section 63-2-302 (Effective 07/01/02) is amended to read:
63-2-302 (Effective 07/01/02). Private records.
(1) (a) The following records are private:
(i) records concerning an individual's eligibility for unemployment insurance benefits, social
services, welfare benefits, or the determination of benefit levels;
(ii) records containing data on individuals describing medical history, diagnosis, condition,
treatment, evaluation, or similar medical data;
(iii) records of publicly funded libraries that when examined alone or with other records
identify a patron;
(iv) records received or generated for a Senate or House Ethics Committee concerning any
alleged violation of the rules on legislative ethics, prior to the meeting, and after the meeting, if the
ethics committee meeting was closed to the public;
(v) records received or generated for a Senate confirmation committee concerning character,
professional competence, or physical or mental health of an individual:
(A) if before the meeting, the chair of the committee determines release of the records:
(I) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(II) would create a danger of depriving a person of a right to a fair proceeding or impartial
hearing;

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(B) after the meeting, if the meeting was closed to the public;
(vi) 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;
(vii) that part of a record indicating a person's social security number if provided under
Section 31A-23-202 , 31A-26-202 , 58-1-301 , 61-1-4 , or 61-2-6 ; [and]
(viii) that part of a voter registration record identifying a voter's driver license or
identification card number, social security number, or last four digits of the social security number[.];
and
(ix) a record that:
(A) contains information about an individual;
(B) is voluntarily provided by the individual; and
(C) goes into an electronic database that:
(I) is designated by and administered under the authority of the Chief Information Officer;
and
(II) 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.
(b) For records declared private under Subsection (1)(a)(vi), a current or former employee
of a government entity may:
(i) give actual written notice of the employee's status as a government employee to each
agency of a government entity holding records that would disclose the employee's home address,
home telephone number, social security number, insurance coverage, marital status, or payroll
deductions; and
(ii) in the notice:
(A) provide evidence of qualifying employment;
(B) request assistance by the agency to identify the records containing information in
Subsection (1)(b)(i);
(C) designate each specific record that the applicant desires to be classified as private; and

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(D) affirmatively request that the government entity holding those records classify them as
private.
(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
63-2-301 (1)(b) or 63-2-301 (2)(o), or private under Subsection(1)(a)(ii);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 63-2-301 (1);
(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; and
(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.
(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 63-2-303 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.

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(c) Medical records are subject to production in a legal or administrative proceeding
according to 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.
Section 4. Section 63-2-302 (Superseded 07/01/02) is amended to read:
63-2-302 (Superseded 07/01/02). 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 when examined alone or with other records
identify a patron;
(d) records received or generated for a Senate or House Ethics Committee concerning any
alleged violation of the rules on legislative ethics, prior to the meeting, and after the meeting, if the
ethics committee meeting was closed to the public;
(e) 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;
(ii) after the meeting, if the meeting was closed to the public;
(f) 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;
(g) that part of a record indicating a person's social security number if provided under
Section 31A-23-202 , 31A-26-202 , 58-1-301 , 61-1-4 , or 61-2-6 ; [and]

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(h) that part of a voter registration record identifying a voter's driver license or identification
card number, Social Security number, or last four digits of the Social Security number[.]; and
(i) 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.
(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
63-2-301 (1)(b) or 63-2-301 (2)(o), or private under Subsection 63-2-302 (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 63-2-301 (1);
(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; and
(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.
(3) (a) As used in this Subsection (3), "medical records" means medical reports, records,

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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 63-2-303 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.
(c) Medical records are subject to production in a legal or administrative proceeding
according to 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.
Section 5. Effective date.
This act takes effect May 6, 2002, except that the amendments to Section 63-2-206 (Effective
07/01/02) and Section 63-2-302 (Effective 07/01/02) take effect July 1, 2002.

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