1     
JAIL PHOTO DISTRIBUTION PROHIBITION

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the use of an image taken of an individual
10     during the process of booking the individual into jail.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that an image taken of an individual during the process of booking the
14     individual into jail is not a protected record when disseminated by a law
15     enforcement agency under certain circumstances; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          63G-2-305, as last amended by Laws of Utah 2021, Chapters 148, 179, 231, 353, 373,
24     and 382
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 63G-2-305 is amended to read:
28          63G-2-305. Protected records.
29          The following records are protected if properly classified by a governmental entity:

30          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
31     has provided the governmental entity with the information specified in Section 63G-2-309;
32          (2) commercial information or nonindividual financial information obtained from a
33     person if:
34          (a) disclosure of the information could reasonably be expected to result in unfair
35     competitive injury to the person submitting the information or would impair the ability of the
36     governmental entity to obtain necessary information in the future;
37          (b) the person submitting the information has a greater interest in prohibiting access
38     than the public in obtaining access; and
39          (c) the person submitting the information has provided the governmental entity with
40     the information specified in Section 63G-2-309;
41          (3) commercial or financial information acquired or prepared by a governmental entity
42     to the extent that disclosure would lead to financial speculations in currencies, securities, or
43     commodities that will interfere with a planned transaction by the governmental entity or cause
44     substantial financial injury to the governmental entity or state economy;
45          (4) records, the disclosure of which could cause commercial injury to, or confer a
46     competitive advantage upon a potential or actual competitor of, a commercial project entity as
47     defined in Subsection 11-13-103(4);
48          (5) test questions and answers to be used in future license, certification, registration,
49     employment, or academic examinations;
50          (6) records, the disclosure of which would impair governmental procurement
51     proceedings or give an unfair advantage to any person proposing to enter into a contract or
52     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
53     Subsection (6) does not restrict the right of a person to have access to, after the contract or
54     grant has been awarded and signed by all parties:
55          (a) a bid, proposal, application, or other information submitted to or by a governmental
56     entity in response to:
57          (i) an invitation for bids;

58          (ii) a request for proposals;
59          (iii) a request for quotes;
60          (iv) a grant; or
61          (v) other similar document; or
62          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
63          (7) information submitted to or by a governmental entity in response to a request for
64     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
65     the right of a person to have access to the information, after:
66          (a) a contract directly relating to the subject of the request for information has been
67     awarded and signed by all parties; or
68          (b) (i) a final determination is made not to enter into a contract that relates to the
69     subject of the request for information; and
70          (ii) at least two years have passed after the day on which the request for information is
71     issued;
72          (8) records that would identify real property or the appraisal or estimated value of real
73     or personal property, including intellectual property, under consideration for public acquisition
74     before any rights to the property are acquired unless:
75          (a) public interest in obtaining access to the information is greater than or equal to the
76     governmental entity's need to acquire the property on the best terms possible;
77          (b) the information has already been disclosed to persons not employed by or under a
78     duty of confidentiality to the entity;
79          (c) in the case of records that would identify property, potential sellers of the described
80     property have already learned of the governmental entity's plans to acquire the property;
81          (d) in the case of records that would identify the appraisal or estimated value of
82     property, the potential sellers have already learned of the governmental entity's estimated value
83     of the property; or
84          (e) the property under consideration for public acquisition is a single family residence
85     and the governmental entity seeking to acquire the property has initiated negotiations to acquire

86     the property as required under Section 78B-6-505;
87          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
88     compensated transaction of real or personal property including intellectual property, which, if
89     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
90     of the subject property, unless:
91          (a) the public interest in access is greater than or equal to the interests in restricting
92     access, including the governmental entity's interest in maximizing the financial benefit of the
93     transaction; or
94          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
95     the value of the subject property have already been disclosed to persons not employed by or
96     under a duty of confidentiality to the entity;
97          (10) records created or maintained for civil, criminal, or administrative enforcement
98     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
99     release of the records:
100          (a) reasonably could be expected to interfere with investigations undertaken for
101     enforcement, discipline, licensing, certification, or registration purposes;
102          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
103     proceedings;
104          (c) would create a danger of depriving a person of a right to a fair trial or impartial
105     hearing;
106          (d) reasonably could be expected to disclose the identity of a source who is not
107     generally known outside of government and, in the case of a record compiled in the course of
108     an investigation, disclose information furnished by a source not generally known outside of
109     government if disclosure would compromise the source; or
110          (e) reasonably could be expected to disclose investigative or audit techniques,
111     procedures, policies, or orders not generally known outside of government if disclosure would
112     interfere with enforcement or audit efforts;
113          (11) records the disclosure of which would jeopardize the life or safety of an

114     individual;
115          (12) records the disclosure of which would jeopardize the security of governmental
116     property, governmental programs, or governmental recordkeeping systems from damage, theft,
117     or other appropriation or use contrary to law or public policy;
118          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
119     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
120     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
121          (14) records that, if disclosed, would reveal recommendations made to the Board of
122     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
123     Board of Pardons and Parole, or the Department of Human Services that are based on the
124     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
125     jurisdiction;
126          (15) records and audit workpapers that identify audit, collection, and operational
127     procedures and methods used by the State Tax Commission, if disclosure would interfere with
128     audits or collections;
129          (16) records of a governmental audit agency relating to an ongoing or planned audit
130     until the final audit is released;
131          (17) records that are subject to the attorney client privilege;
132          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
133     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
134     quasi-judicial, or administrative proceeding;
135          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
136     from a member of the Legislature; and
137          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
138     legislative action or policy may not be classified as protected under this section; and
139          (b) (i) an internal communication that is part of the deliberative process in connection
140     with the preparation of legislation between:
141          (A) members of a legislative body;

142          (B) a member of a legislative body and a member of the legislative body's staff; or
143          (C) members of a legislative body's staff; and
144          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
145     legislative action or policy may not be classified as protected under this section;
146          (20) (a) records in the custody or control of the Office of Legislative Research and
147     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
148     legislation or contemplated course of action before the legislator has elected to support the
149     legislation or course of action, or made the legislation or course of action public; and
150          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
151     Office of Legislative Research and General Counsel is a public document unless a legislator
152     asks that the records requesting the legislation be maintained as protected records until such
153     time as the legislator elects to make the legislation or course of action public;
154          (21) research requests from legislators to the Office of Legislative Research and
155     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
156     in response to these requests;
157          (22) drafts, unless otherwise classified as public;
158          (23) records concerning a governmental entity's strategy about:
159          (a) collective bargaining; or
160          (b) imminent or pending litigation;
161          (24) records of investigations of loss occurrences and analyses of loss occurrences that
162     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
163     Uninsured Employers' Fund, or similar divisions in other governmental entities;
164          (25) records, other than personnel evaluations, that contain a personal recommendation
165     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
166     personal privacy, or disclosure is not in the public interest;
167          (26) records that reveal the location of historic, prehistoric, paleontological, or
168     biological resources that if known would jeopardize the security of those resources or of
169     valuable historic, scientific, educational, or cultural information;

170          (27) records of independent state agencies if the disclosure of the records would
171     conflict with the fiduciary obligations of the agency;
172          (28) records of an institution within the state system of higher education defined in
173     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
174     retention decisions, and promotions, which could be properly discussed in a meeting closed in
175     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
176     the final decisions about tenure, appointments, retention, promotions, or those students
177     admitted, may not be classified as protected under this section;
178          (29) records of the governor's office, including budget recommendations, legislative
179     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
180     policies or contemplated courses of action before the governor has implemented or rejected
181     those policies or courses of action or made them public;
182          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
183     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
184     recommendations in these areas;
185          (31) records provided by the United States or by a government entity outside the state
186     that are given to the governmental entity with a requirement that they be managed as protected
187     records if the providing entity certifies that the record would not be subject to public disclosure
188     if retained by it;
189          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
190     public body except as provided in Section 52-4-206;
191          (33) records that would reveal the contents of settlement negotiations but not including
192     final settlements or empirical data to the extent that they are not otherwise exempt from
193     disclosure;
194          (34) memoranda prepared by staff and used in the decision-making process by an
195     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
196     other body charged by law with performing a quasi-judicial function;
197          (35) records that would reveal negotiations regarding assistance or incentives offered

198     by or requested from a governmental entity for the purpose of encouraging a person to expand
199     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
200     person or place the governmental entity at a competitive disadvantage, but this section may not
201     be used to restrict access to a record evidencing a final contract;
202          (36) materials to which access must be limited for purposes of securing or maintaining
203     the governmental entity's proprietary protection of intellectual property rights including patents,
204     copyrights, and trade secrets;
205          (37) the name of a donor or a prospective donor to a governmental entity, including an
206     institution within the state system of higher education defined in Section 53B-1-102, and other
207     information concerning the donation that could reasonably be expected to reveal the identity of
208     the donor, provided that:
209          (a) the donor requests anonymity in writing;
210          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
211     classified protected by the governmental entity under this Subsection (37); and
212          (c) except for an institution within the state system of higher education defined in
213     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
214     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
215     over the donor, a member of the donor's immediate family, or any entity owned or controlled
216     by the donor or the donor's immediate family;
217          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
218     73-18-13;
219          (39) a notification of workers' compensation insurance coverage described in Section
220     34A-2-205;
221          (40) (a) the following records of an institution within the state system of higher
222     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
223     or received by or on behalf of faculty, staff, employees, or students of the institution:
224          (i) unpublished lecture notes;
225          (ii) unpublished notes, data, and information:

226          (A) relating to research; and
227          (B) of:
228          (I) the institution within the state system of higher education defined in Section
229     53B-1-102; or
230          (II) a sponsor of sponsored research;
231          (iii) unpublished manuscripts;
232          (iv) creative works in process;
233          (v) scholarly correspondence; and
234          (vi) confidential information contained in research proposals;
235          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
236     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
237          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
238          (41) (a) records in the custody or control of the Office of the Legislative Auditor
239     General that would reveal the name of a particular legislator who requests a legislative audit
240     prior to the date that audit is completed and made public; and
241          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
242     Office of the Legislative Auditor General is a public document unless the legislator asks that
243     the records in the custody or control of the Office of the Legislative Auditor General that would
244     reveal the name of a particular legislator who requests a legislative audit be maintained as
245     protected records until the audit is completed and made public;
246          (42) records that provide detail as to the location of an explosive, including a map or
247     other document that indicates the location of:
248          (a) a production facility; or
249          (b) a magazine;
250          (43) information:
251          (a) contained in the statewide database of the Division of Aging and Adult Services
252     created by Section 62A-3-311.1; or
253          (b) received or maintained in relation to the Identity Theft Reporting Information

254     System (IRIS) established under Section 67-5-22;
255          (44) information contained in the Licensing Information System described in Title
256     62A, Chapter 4a, Child and Family Services;
257          (45) information regarding National Guard operations or activities in support of the
258     National Guard's federal mission;
259          (46) records provided by any pawn or secondhand business to a law enforcement
260     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
261     Secondhand Merchandise Transaction Information Act;
262          (47) information regarding food security, risk, and vulnerability assessments performed
263     by the Department of Agriculture and Food;
264          (48) except to the extent that the record is exempt from this chapter pursuant to Section
265     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
266     prepared or maintained by the Division of Emergency Management, and the disclosure of
267     which would jeopardize:
268          (a) the safety of the general public; or
269          (b) the security of:
270          (i) governmental property;
271          (ii) governmental programs; or
272          (iii) the property of a private person who provides the Division of Emergency
273     Management information;
274          (49) records of the Department of Agriculture and Food that provides for the
275     identification, tracing, or control of livestock diseases, including any program established under
276     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
277     of Animal Disease;
278          (50) as provided in Section 26-39-501:
279          (a) information or records held by the Department of Health related to a complaint
280     regarding a child care program or residential child care which the department is unable to
281     substantiate; and

282          (b) information or records related to a complaint received by the Department of Health
283     from an anonymous complainant regarding a child care program or residential child care;
284          (51) unless otherwise classified as public under Section 63G-2-301 and except as
285     provided under Section 41-1a-116, an individual's home address, home telephone number, or
286     personal mobile phone number, if:
287          (a) the individual is required to provide the information in order to comply with a law,
288     ordinance, rule, or order of a government entity; and
289          (b) the subject of the record has a reasonable expectation that this information will be
290     kept confidential due to:
291          (i) the nature of the law, ordinance, rule, or order; and
292          (ii) the individual complying with the law, ordinance, rule, or order;
293          (52) the portion of the following documents that contains a candidate's residential or
294     mailing address, if the candidate provides to the filing officer another address or phone number
295     where the candidate may be contacted:
296          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
297     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
298     20A-9-408.5, 20A-9-502, or 20A-9-601;
299          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
300          (c) a notice of intent to gather signatures for candidacy, described in Section
301     20A-9-408;
302          (53) the name, home address, work addresses, and telephone numbers of an individual
303     that is engaged in, or that provides goods or services for, medical or scientific research that is:
304          (a) conducted within the state system of higher education, as defined in Section
305     53B-1-102; and
306          (b) conducted using animals;
307          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
308     Evaluation Commission concerning an individual commissioner's vote on whether or not to
309     recommend that the voters retain a judge including information disclosed under Subsection

310     78A-12-203(5)(e);
311          (55) information collected and a report prepared by the Judicial Performance
312     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
313     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
314     the information or report;
315          (56) records provided or received by the Public Lands Policy Coordinating Office in
316     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
317          (57) information requested by and provided to the 911 Division under Section
318     63H-7a-302;
319          (58) in accordance with Section 73-10-33:
320          (a) a management plan for a water conveyance facility in the possession of the Division
321     of Water Resources or the Board of Water Resources; or
322          (b) an outline of an emergency response plan in possession of the state or a county or
323     municipality;
324          (59) the following records in the custody or control of the Office of Inspector General
325     of Medicaid Services, created in Section 63A-13-201:
326          (a) records that would disclose information relating to allegations of personal
327     misconduct, gross mismanagement, or illegal activity of a person if the information or
328     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
329     through other documents or evidence, and the records relating to the allegation are not relied
330     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
331     report or final audit report;
332          (b) records and audit workpapers to the extent they would disclose the identity of a
333     person who, during the course of an investigation or audit, communicated the existence of any
334     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
335     regulation adopted under the laws of this state, a political subdivision of the state, or any
336     recognized entity of the United States, if the information was disclosed on the condition that
337     the identity of the person be protected;

338          (c) before the time that an investigation or audit is completed and the final
339     investigation or final audit report is released, records or drafts circulated to a person who is not
340     an employee or head of a governmental entity for the person's response or information;
341          (d) records that would disclose an outline or part of any investigation, audit survey
342     plan, or audit program; or
343          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
344     investigation or audit;
345          (60) records that reveal methods used by the Office of Inspector General of Medicaid
346     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
347     abuse;
348          (61) information provided to the Department of Health or the Division of Occupational
349     and Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
350     58-68-304(3) and (4);
351          (62) a record described in Section 63G-12-210;
352          (63) captured plate data that is obtained through an automatic license plate reader
353     system used by a governmental entity as authorized in Section 41-6a-2003;
354          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
355     victim, including:
356          (a) a victim's application or request for benefits;
357          (b) a victim's receipt or denial of benefits; and
358          (c) any administrative notes or records made or created for the purpose of, or used to,
359     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
360     Reparations Fund;
361          (65) an audio or video recording created by a body-worn camera, as that term is
362     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
363     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
364     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
365     that term is defined in Section 62A-2-101, except for recordings that:

366          (a) depict the commission of an alleged crime;
367          (b) record any encounter between a law enforcement officer and a person that results in
368     death or bodily injury, or includes an instance when an officer fires a weapon;
369          (c) record any encounter that is the subject of a complaint or a legal proceeding against
370     a law enforcement officer or law enforcement agency;
371          (d) contain an officer involved critical incident as defined in Subsection
372     76-2-408(1)(f); or
373          (e) have been requested for reclassification as a public record by a subject or
374     authorized agent of a subject featured in the recording;
375          (66) a record pertaining to the search process for a president of an institution of higher
376     education described in Section 53B-2-102, except for application materials for a publicly
377     announced finalist;
378          (67) an audio recording that is:
379          (a) produced by an audio recording device that is used in conjunction with a device or
380     piece of equipment designed or intended for resuscitating an individual or for treating an
381     individual with a life-threatening condition;
382          (b) produced during an emergency event when an individual employed to provide law
383     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
384          (i) is responding to an individual needing resuscitation or with a life-threatening
385     condition; and
386          (ii) uses a device or piece of equipment designed or intended for resuscitating an
387     individual or for treating an individual with a life-threatening condition; and
388          (c) intended and used for purposes of training emergency responders how to improve
389     their response to an emergency situation;
390          (68) records submitted by or prepared in relation to an applicant seeking a
391     recommendation by the Research and General Counsel Subcommittee, the Budget
392     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
393     employment position with the Legislature;

394          (69) work papers as defined in Section 31A-2-204;
395          (70) a record made available to Adult Protective Services or a law enforcement agency
396     under Section 61-1-206;
397          (71) a record submitted to the Insurance Department in accordance with Section
398     31A-37-201;
399          (72) a record described in Section 31A-37-503;
400          (73) any record created by the Division of Occupational and Professional Licensing as
401     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
402          (74) a record described in Section 72-16-306 that relates to the reporting of an injury
403     involving an amusement ride;
404          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
405     on a political petition, or on a request to withdraw a signature from a political petition,
406     including a petition or request described in the following titles:
407          (a) Title 10, Utah Municipal Code;
408          (b) Title 17, Counties;
409          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
410          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
411          (e) Title 20A, Election Code;
412          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
413     a voter registration record;
414          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
415     signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
416     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
417          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
418     5, Victims Guidelines for Prosecutors Act;
419          (79) a record submitted to the Insurance Department under Subsection
420     31A-48-103(1)(b);
421          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is

422     prohibited under Section 63G-26-103;
423          (81) [(a)] an image taken of an individual during the process of booking the individual
424     into jail, unless:
425          [(i)] (a) the individual is convicted of a criminal offense based upon the conduct for
426     which the individual was incarcerated at the time the image was taken;
427          [(ii)] (b) a law enforcement agency releases or disseminates the image:
428          (i) after determining that[:(A)] the individual is a fugitive or an imminent threat to an
429     individual or to public safety[;] and [(B)] releasing or disseminating the image will assist in
430     apprehending the individual or reducing or eliminating the threat; or
431          (ii) to a potential witness or other individual with direct knowledge of events relevant
432     to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
433     individual in connection with the criminal investigation or criminal proceeding; or
434          [(iii)] (c) a judge orders the release or dissemination of the image based on a finding
435     that the release or dissemination is in furtherance of a legitimate law enforcement interest.
436          (82) a record:
437          (a) concerning an interstate claim to the use of waters in the Colorado River system;
438          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
439     representative from another state or the federal government as provided in Section
440     63M-14-205; and
441          (c) the disclosure of which would:
442          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
443     Colorado River system;
444          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
445     negotiate the best terms and conditions regarding the use of water in the Colorado River
446     system; or
447          (iii) give an advantage to another state or to the federal government in negotiations
448     regarding the use of water in the Colorado River system; and
449          (83) any part of an application described in Section 63N-16-201 that the Governor's

450     Office of Economic Opportunity determines is nonpublic, confidential information that if
451     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
452     not be used to restrict access to a record evidencing a final contract or approval decision.