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RESTRICTION ON GOVERNMENTAL SHARING OF

2     
INFORMATION ON INDIVIDUALS

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2021 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Karianne Lisonbee

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Senate Sponsor: ____________

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8     LONG TITLE
9     General Description:
10          This bill modifies a provision of the Government Records Access and Management Act
11     relating to the disclosure of information about an individual.
12     Highlighted Provisions:
13          This bill:
14          ▸     prohibits a governmental entity, and an employee of a governmental entity, from
15     disclosing information about an individual under certain circumstances;
16          ▸     provides a penalty for violating the prohibition; and
17          ▸     provides exceptions to the prohibition.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          63G-2-206, as last amended by Laws of Utah 2019, Chapter 334
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 63G-2-206 is amended to read:

28          63G-2-206. Sharing records.
29          (1) [A] Subject to Subsection (10), a governmental entity may provide a record that is
30     private, controlled, or protected to another governmental entity, a government-managed
31     corporation, a political subdivision, the federal government, or another state if the requesting
32     entity:
33          (a) serves as a repository or archives for purposes of historical preservation,
34     administrative maintenance, or destruction;
35          (b) enforces, litigates, or investigates civil, criminal, or administrative law, and the
36     record is necessary to a proceeding or investigation;
37          (c) is authorized by state statute to conduct an audit and the record is needed for that
38     purpose;
39          (d) is one that collects information for presentence, probationary, or parole purposes; or
40          (e) (i) is:
41          (A) the Legislature;
42          (B) a legislative committee;
43          (C) a member of the Legislature; or
44          (D) a legislative staff member acting at the request of the Legislature, a legislative
45     committee, or a member of the Legislature; and
46          (ii) requests the record in relation to the Legislature's duties including:
47          (A) the preparation or review of a legislative proposal or legislation;
48          (B) appropriations; or
49          (C) an investigation or review conducted by the Legislature or a legislative committee.
50          (2) (a) [A] Subject to Subsection (10), a governmental entity may provide a private,
51     controlled, or protected record or record series to another governmental entity, a political
52     subdivision, a government-managed corporation, the federal government, or another state if the
53     requesting entity provides written assurance:
54          (i) that the record or record series is necessary to the performance of the governmental
55     entity's duties and functions;
56          (ii) that the record or record series will be used for a purpose similar to the purpose for
57     which the information in the record or record series was collected or obtained; and
58          (iii) that the use of the record or record series produces a public benefit that is greater

59     than or equal to the individual privacy right that protects the record or record series.
60          (b) A governmental entity may provide a private, controlled, or protected record or
61     record series to a contractor or a private provider according to the requirements of Subsection
62     (6)(b).
63          (3) (a) [A] Subject to Subsection (10), a governmental entity shall provide a private,
64     controlled, or protected record to another governmental entity, a political subdivision, a
65     government-managed corporation, the federal government, or another state if the requesting
66     entity:
67          (i) is entitled by law to inspect the record;
68          (ii) is required to inspect the record as a condition of participating in a state or federal
69     program or for receiving state or federal funds; or
70          (iii) is an entity described in Subsection (1)(a), (b), (c), (d), or (e).
71          (b) Subsection (3)(a)(iii) applies only if the record is a record described in Subsection
72     63G-2-305(4).
73          (4) Before disclosing a record or record series under this section to another
74     governmental entity, another state, the United States, a foreign government, or to a contractor
75     or private provider, the originating governmental entity shall:
76          (a) inform the recipient of the record's classification and the accompanying restrictions
77     on access; and
78          (b) if the recipient is not a governmental entity to which this chapter applies, obtain the
79     recipient's written agreement which may be by mechanical or electronic transmission that it
80     will abide by those restrictions on access unless a statute, federal regulation, or interstate
81     agreement otherwise governs the sharing of the record or record series.
82          (5) A governmental entity may disclose a record to another state, the United States, or a
83     foreign government for the reasons listed in Subsections (1) and (2) without complying with
84     the procedures of Subsection (2) or (4) if disclosure is authorized by executive agreement,
85     treaty, federal statute, compact, federal regulation, or state statute.
86          (6) (a) Subject to Subsections (6)(b) and (c), an entity receiving a record under this
87     section is subject to the same restrictions on disclosure of the record as the originating entity.
88          (b) A contractor or a private provider may receive information under this section only
89     if:

90          (i) the contractor or private provider's use of the record or record series produces a
91     public benefit that is greater than or equal to the individual privacy right that protects the record
92     or record series;
93          (ii) the record or record series it requests:
94          (A) is necessary for the performance of a contract with a governmental entity;
95          (B) will only be used for the performance of the contract with the governmental entity;
96          (C) will not be disclosed to any other person; and
97          (D) will not be used for advertising or solicitation purposes; and
98          (iii) the contractor or private provider gives written assurance to the governmental
99     entity that is providing the record or record series that it will adhere to the restrictions of this
100     Subsection (6)(b).
101          (c) The classification of a record already held by a governmental entity and the
102     applicable restrictions on disclosure of that record are not affected by the governmental entity's
103     receipt under this section of a record with a different classification that contains information
104     that is also included in the previously held record.
105          (7) Notwithstanding any other provision of this section, if a more specific court rule or
106     order, state statute, federal statute, or federal regulation prohibits or requires sharing
107     information, that rule, order, statute, or federal regulation controls.
108          (8) (a) The following records may not be shared under this section:
109          (i) records held by the Division of Oil, Gas, and Mining that pertain to any person and
110     that are gathered under authority of Title 40, Chapter 6, Board and Division of Oil, Gas, and
111     Mining;
112          (ii) except as provided in Subsection (8)(b), records of publicly funded libraries as
113     described in Subsection 63G-2-302(1)(c); and
114          (iii) a record described in Section 63G-12-210.
115          (b) A publicly funded library may share a record that is a private record under
116     Subsection 63G-2-302(1)(c) with a law enforcement agency, as defined in Section 53-1-102, if:
117          (i) the record is a video surveillance recording of the library premises; and
118          (ii) the law enforcement agency certifies in writing that:
119          (A) the law enforcement agency believes that the record will provide important
120     information for a pending investigation into criminal or potentially criminal behavior; and

121          (B) the law enforcement agency's receipt of the record will assist the agency to prevent
122     imminent harm to an individual or imminent and substantial damage to property.
123          (9) Records that may evidence or relate to a violation of law may be disclosed to a
124     government prosecutor, peace officer, or auditor.
125          (10) (a) Except as provided in Subsection (10)(d), a governmental entity that collects
126     from an individual information about the individual, and an employee of the governmental
127     entity, may disclose that information only if:
128          (i) the disclosure directly relates to the purpose for which the information was
129     collected;
130          (ii) before collecting the information, the governmental entity:
131          (A) informs the individual in writing that the individual's information may be
132     disclosed; and
133          (B) provides the individual the opportunity to opt out of the disclosure of the
134     information; and
135          (iii) the individual, after being informed as provided in Subsection (10)(a)(ii)(A), does
136     not opt out of the disclosure.
137          (b) Except as provided in Subsection (10)(d), a governmental entity that receives or
138     retains personal identifying information about an individual, and an employee of the
139     governmental entity, may not disclose that individual's personal identifying information
140     without the prior written consent of the individual.
141          (c) Subsections (10)(a) and (b) apply regardless of how a record containing the
142     information or the information itself is classified under this chapter.
143          (d) Subsections (10)(a) and (b) do not prohibit the disclosure of information about an
144     individual if:
145          (i) the information is disclosed in the aggregate without any information that would
146     allow the identification of an individual whose information is included in the aggregated
147     information; or
148          (ii) the disclosure:
149          (A) is required by law or a court order; or
150          (B) is made to a law enforcement agency that has certified that the information is
151     necessary for a criminal investigation being conducted by the agency.

152          (e) It is a class B misdemeanor for an individual to knowingly or intentionally disclose
153     information in violation of Subsection (10)(a) or (b).