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This and other state Freedom of Information Acts are available
from :
Communications Specialties BBS (212)
The Invention Factory BBS      (212)
Computers and Dreams           [phone]

and you are encouraged to disseminate these files to other BBS systems
or print the information contained in such files to make them available
to those without access to the electronic networks.

After all, it's your government - if you can take it back.




                        UTAH FREEDOM OF INFORMATION


                        Utah Code Ann. @ 63-2-101 (1993)

@ 63-2-101.  Short title

   This chapter is known as the "Government Records Access and
Management Act."

HISTORY: C. 1953, 63-2-101, enacted by L. 1991, ch. 259, @ 8.

NOTES: EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76 makes the act
effective on April 1,  1992.    Laws 1992, ch. 280, @ 63, effective
July 1, 1992, amends L. 1991, ch. 259, @  76 to make that act
effective July 1, 1992.

COLLATERAL REFERENCES   UTAH LAW REVIEW. --Recent Developments in
Governmental Law, 1992 Utah L. Rev. 375.   AM. JUR. 2D. --66 Am.
Jur. 2d Records and Recording Laws @@ 1, 2.   C.J.S. --76 C.J.S.
Records @@ 1, 2.   KEY NUMBERS. --Records KEY 1, 2.

NOTES APPLICABLE TO ENTIRE CHAPTER   REVISION OF CHAPTER.Laws 1991,
ch. 259 revised this chapter by repealing @@ 63-2-59 through
63-2-71, 63-2-73, 63-2-75 through 63-2-80, 63-2-84, and 63-2-85.1
through 63-2-89, as enacted by L. 1969, ch. 212, @@ 7, 9, 15, and
21; 1979, ch. 223, @ 9; 1984, ch. 67, @ 34; and 1985, ch. 86, @ 11,
and as last  amended by L. 1981, ch. 257, @@ 6 and 7; 1985, ch. 86,
@@ 1 to 10, 12 to 17, and 20 to 22; and 1987, ch. 92, @@ 110 and
111, relating to archives and records, and enacting @@ 63-2-101
through 63-2-909, effective April 1, 1992.Laws 1992, ch. 280, @ 63,
effective July 1, 1992, amends L. 1991, ch. 259, @ 76 to make that
act effective July 1, 1992.Sections 63-2-1 to 63-2-58, relating to
the former Department of Finance, were repealed by L. 1963, ch.
148, @ 2; L. 1965, ch. 131, @ 17; L. 1969, ch. 207, @ 14; L. 1969,
ch. 212, @ 31; L. 1972, ch. 23,  @ 3; L. 1974, ch. 27, @ 39; L.
1977, ch. 249, @ 8; L. 1979, ch. 227, @ 11; L. 1980, ch. 75, @ 5;
and L. 1981, ch. 257, @ 13. For present provisions relating to the
Division of Finance, see @ 63-1-12 et seq.


                        Utah Code Ann. @ 63-2-102 (1993)

@ 63-2-102.  Legislative intent

   (1) In enacting this act, the Legislature recognizes two
constitutional rights:

      (a) the public's right of access to information concerning
the conduct of  the public's business; and

(b) the right of privacy in relation to personal data gathered by
governmental entities.

   (2) The Legislature also recognizes a public policy interest in
allowing a government to restrict access to certain records, as
specified in this chapter,  for the public good.

   (3) It is the intent of the Legislature to:

      (a) promote the public's right of easy and reasonable access
to unrestricted public records;

      (b) specify those conditions under which the public interest
in allowing restrictions on access to records may outweigh the
public's interest in access;

      (c) prevent abuse of confidentiality by governmental entities
by permitting confidential treatment of records only as provided in
this chapter;

      (d) provide guidelines for both disclosure and restrictions
on access to government records, which are based on the equitable
weighing of the pertinent interests and which are consistent with
nationwide standards of information

(e) favor public access when, in the application of this act,
countervailing interests are of equal weight; and

      (f) establish fair and reasonable records management
practices.

HISTORY: C. 1953, 63-2-102, enacted by L. 1991, ch. 259, @ 9; 1992,
ch. 280, @ 14.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, in Subsection (1), deleted "fundamental" before
"constitutional" in the introductory language  and made stylistic
changes; inserted present Subsection (2); and rewrote former
Subsection (2) as Subsection (3).   MEANING OF "THIS ACT".  --The
phrase "this act" means Laws 1991, ch. 259, which  revised this
chapter; see "Revision of Chapter" note under the chapter heading.
  EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76 makes the act
effective on April 1,  1992.    Laws 1992, ch. 280, @ 63, effective
July 1, 1992, amends L. 1991, ch. 259, @  76 to make that act
effective July 1, 1992.                         Utah Code Ann. @

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.



                        Utah Code Ann. @ 63-2-103 (1993)

@ 63-2-103.  Definitions

   As used in this chapter:

      (1) "Audit" means:

(a) a systematic examination of financial, management, program, and
related records for the purpose of determining the fair
presentation of financial statements, adequacy of internal
controls, or compliance with laws and regulations; or

         (b) a systematic examination of program procedures and
operations for the purpose of determining their effectiveness,
economy, efficiency, and compliance with statutes and regulations.

      (2) "Chronological logs" mean the regular and customary
summary records of law enforcement agencies and other public safety
agencies that show the time and general nature of police, fire, and
paramedic calls made to the agency and any arrests or jail bookings
made by the agency.

      (3) "Classification," "classify," and their derivative forms
mean determining whether a record series, record, or information
within a record is public, private, controlled, protected, or
exempt from disclosure under Subsection 63-2-201(3)(b).

      (4)(a) "Computer program" means a series of instructions or
statements that permit the functioning of a computer system in a
manner designed to provide storage, retrieval, and manipulation of
data from the computer system, and any

associated documentation and source material that explain how to
operate the computer program.

         (b) "Computer program" does not mean:

            (i) the original data, including numbers, text, voice,
graphics, and images;

            (ii) analysis, compilation, and other manipulated forms
of the original data produced by use of the program; or

            (iii) the mathematical or statistical formulas
(excluding the underlying mathematical algorithms contained in the
program) that would be used  if the manipulated forms of the
original data were to be produced manually.

      (5)(a) "Contractor" means:

            (i) any person who contracts with a governmental entity
to provide goods or services directly to a governmental entity; or

            (ii) any private, nonprofit organization that receives
funds from a  governmental entity.

(b) "Contractor" does not mean a private provider.

      (6) "Controlled record" means a record containing data on
individuals that is controlled as provided by Section 63-2-303.

      (7) "Designation," "designate," and their derivative forms
mean indicating, based on a governmental entity's familiarity with
a record series or based on a governmental entity's review of a
reasonable sample of a record series, the primary classification
that a majority of records in a record series would be given if
classified and the classification that other records typically
present in the record series would be given if classified.

      (8) "Government audit agency" means any governmental entity
that conducts  audits.

      (9)(a) "Governmental entity" means:

            (i) executive department agencies of the state, the
offices of the governor, lieutenant governor, state auditor,
attorney general, and state treasurer, the Board of Pardons, the
Board of Examiners, the National Guard, the Career Service Review
Board, the State Board of Education, the State Board of Regents,
and the State Archives;

(ii) the Office of the Legislative Auditor General, Office of the
Legislative Fiscal Analyst, Office of Legislative Research and
General Counsel,  the Legislature, and legislative committees,
except any political party, group,  caucus, or rules or sifting
committee of the Legislature;

            (iii) courts, the Judicial Council, the Office of the
Court Administrator, and similar administrative units in the
judicial branch;

            (iv) any state-funded institution of higher education
or public education; or

            (v) any political subdivision of the state, but, if a
political subdivision has adopted an ordinance or a policy relating
to information practices pursuant to Section 63-2-701, this chapter
shall apply to the political subdivision to the extent specified in
Section 63-2-701 or as specified in any other section of this
chapter that specifically refers to political subdivisions.

         (b) "Governmental entity" also means every office, agency,
board, bureau, committee, department, advisory board, or commission
of the entities listed in Subsection (9)(a) that is funded or
established by the government to carry out the public's business.

(10) "Gross compensation" means every form of remuneration payable
for a given period to an individual for services provided including
salaries, commissions, vacation pay, severance pay, bonuses, and
any board, rent, housing, lodging, payments in kind, and any
similar benefit received from the individual's employer.

      (11)(a) "Initial contact report" means an initial written or
recorded report, however titled, prepared by peace officers engaged
in public patrol or response duties describing official actions
initially taken in response to either a public complaint about or
the discovery of an apparent violation of law, which report may
describe:

            (i) the date, time, location, and nature of the
complaint, the incident, or offense;

            (ii) names of victims;

            (iii) the nature or general scope of the agency's
initial actions taken in response to the incident;

            (iv) the general nature of any injuries or estimate of
damages sustained in the incident;

(v) the name, address, and other identifying information about any
person arrested or charged in connection with the incident; or

            (vi) the identity of the public safety personnel
(except undercover  personnel) or prosecuting attorney involved in
responding to the initial incident.

         (b) Initial contact reports do not include follow-up or
investigative reports prepared after the initial contact report.
However, if the information specified in Subsection (a) appears in
follow-up or investigative reports, it may only be treated
confidentially if it is private, controlled, protected, or exempt
from disclosure under Subsection 63-2-201(3)(b).

      (12) "Individual" means a human being.

      (13) "Person" means any individual, nonprofit or profit
corporation, partnership, sole proprietorship, or other type of
business organization.

      (14) "Private record" means a record containing data on
individuals that is private as provided by Section 63-2-302.

(15) "Private provider" means any person who contracts with a
governmental entity to provide services directly to the public.

      (16) "Protected record" means a record that is classified
protected as provided by Section 63-2-304.

      (17) "Public record" means a record that is not private,
controlled, or protected and that is not exempt from disclosure as
provided in Subsection 63-2-201(3)(b).

      (18)(a) "Record" means all books, letters, documents, papers,
maps, plans, photographs, films, cards, tapes, recordings,
electronic data, or other documentary materials regardless of
physical form or characteristics:

            (i) which are prepared, owned, received, or retained by
a governmental entity or political subdivision; and

            (ii) where all of the information in the original is
reproducible by photocopy or other mechanical or electronic means.

         (b) "Record" does not mean:

(i) temporary drafts or similar materials prepared for the
originator's personal use or prepared by the originator for the
personal use of  an individual for whom he is working;

            (ii) materials that are legally owned by an individual
in his private capacity;

            (iii) materials to which access is limited by the laws
of copyright  or patent unless the copyright or patent is owned by
a governmental entity or political subdivision;

            (iv) proprietary software;

            (v) junk mail or commercial publications received by a
governmental  entity or an official or employee of a governmental
entity;

            (vi) books and other materials that are cataloged,
indexed, or inventoried and contained in the collections of
libraries open to the public, regardless of physical form or
characteristics of the material;

            (vii) daily calendars and other personal notes prepared
by the originator for the originator's personal use or for the
personal use of an individual for whom he is working;

            (viii) computer programs as defined in Subsection (4)
that are developed or purchased by or for any governmental entity
for its own use; or

            (ix) notes or internal memoranda prepared as part of
the deliberative process by a member of the judiciary, an
administrative law judge,  a member of the Board of Pardons, or a
member of any other body charged by law with performing a
quasi-judicial function.

      (19) "Record series" means a group of records that may be
treated as a unit for purposes of designation, description,
management, or disposition.

      (20) "Records committee" means the State Records Committee
created in Section 63-2-501.

      (21) "Records officer" means the individual appointed by the
chief administrative officer of each governmental entity, or the
political subdivision to work with state archives in the care,
maintenance, scheduling, designation, classification, disposal, and
preservation of records.

(22) "Schedule," "scheduling," and their derivative forms mean the
process of specifying the length of time each record series should
be retained by a governmental entity for administrative, legal,
fiscal, or historical purposes and when each record series should
be transferred to the state archives or destroyed.

      (23) "State archives" means the Division of Archives and
Records Service created in Section 63-2-901.

      (24) "State archivist" means the director of the state
archives.

      (25) "Summary data" means statistical records and
compilations that contain data derived from private, controlled, or
protected information but that do not disclose private, controlled,
or protected information.
HISTORY: C. 1953, 63-2-103, enacted by L. 1991, ch. 259, @ 10;
1992, ch. 280, @  15.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, inserted present  Subsections (1), (7), (8), and (11),
deleted former Subsection (8), defining "incident reports,"
redesignated the remaining subsections accordingly, and

made related changes; inserted "summary" in Subsection (2); in
Subsection (3), substituted the language beginning "mean
determining whether" for "mean the process of designating a record
series or information within a record series as  public, private,
confidential, or protected"; inserted the parenthetical phrase  in
Subsection (4)(b)(iii); rewrote the definition of "confidential
record" as "controlled record" in Subsection (6); in Subsection
(9)(a)(i), added "executive department agencies of the state" at
the beginning and substituted "the State Archives" for "every
office, board, bureau, committee, state archives, department,
advisory board, or commission in the executive branch that is
publicly funded or that is established by the government to carry
out the public's business"; deleted "any political subdivision of
the state and" from the beginning of Subsection (9)(a)(iv); added
Subsection (9)(a)(v) and made related changes; rewrote Subsection
(9)(b); deleted "classified" before "private as" in Subsection
(14); substituted "that is not private, controlled, or protected
and that is not exempt" for "that has not been appropriately
classified private, confidential, or protected as provided in
Section 63-2-302,  63-2-303, or 63-2-304 of this chapter or a
record that is not restricted" in Subsection (17); divided
Subsection (18)(a) into introductory language and Subsection
(18)(a)(i), adding Subsection (18)(a)(ii) and making related
changes; in Subsection (18)(a)(i), deleted "used" after "owned" and
inserted "or political subdivision"; added "or political
subdivision" at the end of Subsection (18)(b)(iii); rewrote
Subsection (18)(b)(vii); added present

Subsection (18)(b)(ix) and made related changes; substituted
"designation" for "classification" in Subsection (19); in
Subsection (21), substituted "appointed" for "designated" and
inserted "or the political subdivision" and "designation,
classification"; substituted "specifying" for "designating" in
Subsection (22);  substituted "controlled" for "confidential" twice
in Subsection (25); and made stylistic changes in Subsections
(9)(a)(i), (18)(a), and (18)(b)(i).   EFFECTIVE DATES. --Laws 1991,
ch. 259, @ 76 makes the act effective on April 1,  1992.    Laws
1992, ch. 280, @ 63, effective July 1, 1992, amends L. 1991, ch.
259, @  76 to make that act effective July 1, 1992.

NOTES TO DECISIONS   ANALYSIS ""Data on individuals.'' Governmental
entity. Public records. Registers under merit system. Salaries of
college employees. School board minutes. School board survey
questionnaire and student responses.

"DATA ON INDIVIDUALS."    School board's survey forms and student
responses thereto were not "data on individuals" since forms were
not to be kept on permanent or even semi-permanent basis but were
to be kept only as long as it took to assimilate data and were then
to be destroyed; therefore, the survey forms were not subject to
disclosure. KUTV, Inc. v. Utah State Bd. of Educ., 689 P.2d 1357
(Utah 1984).   GOVERNMENTAL ENTITY.    Former Title 63, Chapter 2
and the Public and Private Writings Act (@ 78-26-1 et seq.) did not
apply to the Utah State Bar because it is not a "state agency"  or
"public office" within the meaning of those provisions. Barnard v.
Utah State Bar, 804 P.2d 526 (Utah 1991).   PUBLIC RECORDS.
Settlement agreements involving public entities are public
documents subject  to the terms of this chapter. Society of
Professional Journalists v. Briggs, 675 F. Supp. 1308 (D. Utah
1987).   REGISTERS UNDER MERIT SYSTEM.    "Eligible register" and
"promotional register" provided for under Deputy

Sheriffs Merit System Act, @ 17-30-1 et seq., are public records
subject to public inspection. Deputy Sheriffs Mut. Aid Ass'n v.
Salt Lake County Deputy Sheriffs Merit Sys. Comm., 24 Utah 2d 110,
466 P.2d 836 (1970).   SALARIES OF COLLEGE EMPLOYEES.    The right
of the public to have and to publish the salaries paid to college
employees outweighs considerations as to the right of privacy of
the employees,  or of the institution to carry on its operations in
secret. Redding v. Brady, 606 P.2d 1193 (Utah 1980), but see @
53B-7-205.   SCHOOL BOARD MINUTES.    Where the clerk of a local
board of education takes notes during the meetings and then
transcribes them and at the next meeting of the board they are
approved and placed in the journal, the untranscribed notes are not
classifiable as a public writing under the statute, whereas the
transcribed minutes, in final form, but awaiting only approval and
placement in the journal, are a public writing in contemplation of
the statute. Conover v. Board of Educ., 1 Utah 2d 375, 267 P.2d 768
(1954).    Where a clerk's untranscribed notes are not a public
writing but his transcribed minutes are such a public writing, the
minutes should be available to the public within a reasonable time.
While what constitutes a reasonable time would vary entirely on the
facts of each case, it would be before any

important action was to take place. Conover v. Board of Educ., 1
Utah 2d 375, 267 P.2d 768 (1954).   SCHOOL BOARD SURVEY
QUESTIONNAIRE AND STUDENT RESPONSES.    School board's survey
questionnaire concerning religious and racial discrimination at
school and student responses thereto constituted "public records"
and would be subject to inspection by an interested citizen unless
they were confidential or of such a nature that it would be in
public interest to prevent disclosure; in an action to compel
disclosure, district court should have held an in camera inspection
of the questionnaire and permitted disclosure  unless it
specifically found, on basis of its inspection, that it would be
impossible to edit the questionnaire responses to preserve
confidentiality and/or that release of documents in whole or in
part would be clearly contrary to public interest. KUTV, Inc. v.
Utah State Bd. of Educ., 689 P.2d 1357 (Utah 1984).   COLLATERAL
REFERENCES   UTAH LAW REVIEW. --Note, Society of Professional
Journalists v. Briggs: Toward a Deferential Balancing Test for the
Right of Access, 1989 Utah L. Rev. 787.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-104 (1993)

@ 63-2-104.  Administrative Procedures Act not applicable

   Title 63, Chapter 46b, Administrative Procedures Act, does not
apply to this  chapter except as provided in Section 63-2-603.

HISTORY: C. 1953, 63-2-104, enacted by L. 1991, ch. 259, @ 11;
1992, ch. 280, @  16.

NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, added "except as  provided in Section 63-2-603" at the end.

 EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76 makes the act
effective on April 1,  1992.    Laws 1992, ch. 280, @ 63, effective
July 1, 1992, amends L. 1991, ch. 259, @  76 to make that act
effective July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-105 (1993)

@ 63-2-105.  Confidentiality agreements

   If a governmental entity or political subdivision receives a
request for a record that is subject to a confidentiality agreement
executed before April 1, 1992, the law in effect at the time the
agreement was executed, including late judicial interpretations of
the law, shall govern access to the record, unless all parties to
the confidentiality agreement agree in writing to be governed
by the provisions of this chapter.

HISTORY: C. 1953, 63-2-105, enacted by L. 1992, ch. 280, @ 17.

 NOTES: EFFECTIVE DATES. --Laws 1992, ch. 280, @ 63 makes the act
effective on July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-201 (1993)

@ 63-2-201.  Right to inspect records and receive copies of records

   (1) Every person has the right to inspect a public record free
of charge, and the right to take a copy of a public record during
normal working hours, subject to Sections 63-2-203 and 63-2-204.

(2) All records are public unless otherwise expressly provided by
statute.

   (3) The following records are not public:

      (a) records that are private, controlled, or protected under
Sections 63-2-302, 63-2-303, and 63-2-304; and

      (b) records to which access is restricted pursuant to court
rule, another  state statute, federal statute, or federal
regulation, including records for which access is governed or
restricted as a condition of participation in a state or federal
program or for receiving state or federal funds.

   (4) Only those records specified in Section 63-2-302, 63-2-303,
or 63-2-304 may be classified private, controlled, or protected.

   (5)(a) A governmental entity may not disclose a record that is
private, controlled, or protected to any person except as provided
in Subsection (5)(b),  Section 63-2-202, or Section 63-2-206.

      (b) A governmental entity may, at its discretion, disclose
records that are private under Subsection 63-2-302(2) or protected
under Section 63-2-304 to  persons other than those specified in
Section 63-2-202 or 63-2-206 if the head
of a governmental entity, or a designee, determines that there is
no interest in restricting access to the record, or that the
interests favoring access outweighs the interest favoring
restriction of access.

   (6)(a) The disclosure of records to which access is governed or
limited pursuant to court rule, another state statute, federal
statute, or federal regulation, including records for which access
is governed or limited as a condition of participation in a state
or federal program or for receiving state  or federal funds, is
governed by the specific provisions of that statute, rule,  or
regulation.

      (b) This chapter applies to records described in Subsection
(a) insofar as this chapter is not inconsistent with the statute,
rule, or regulation.

   (7) A governmental entity shall provide a person with a
certified copy of a record if:

      (a) the person requesting the record has a right to inspect
it;

      (b) the person identifies the record with reasonable
specificity; and

(c) the person pays the lawful fees.

   (8)(a) A governmental entity is not required to create a record
in response to a request.

      (b) Upon request, a governmental entity shall provide a
record in a particular format if:

         (i) the governmental entity is able to do so without
unreasonably interfering with the governmental entity's duties and
responsibilities; and

         (ii) the requester agrees to pay the governmental entity
for its additional costs actually incurred in providing the record
in the requested format.

      (c) Nothing in this section requires a governmental entity to
fulfill a person's records request if the request unreasonably
duplicates prior records requests from that person.

   (9) If a person requests copies of more than 50 pages of records
from a governmental entity, and, if the records are contained in
files that do not contain records that are exempt from disclosure,
the governmental entity may:

(a) provide the requester with the facilities for copying the
requested records and require that the requester make the copies
himself; or

      (b) allow the requester to provide his own copying facilities
and personnel to make the copies at the governmental entity's
offices and waive the  fees for copying the records.

   (10)(a) A governmental entity that owns an intellectual property
right and that offers the intellectual property right for sale or
license may control by ordinance or policy the duplication and
distribution of the material based on terms the governmental entity
considers to be in the public interest.

      (b) Nothing in this chapter shall be construed to limit or
impair the rights or protections granted to the governmental entity
under federal copyright or patent law as a result of its ownership
of the intellectual property right.

   (11) A governmental entity may not use the physical form,
electronic or otherwise, in which a record is stored to deny, or
unreasonably hinder the rights of persons to inspect and receive
copies of a record under this chapter.

HISTORY: C. 1953, 63-2-201, enacted by L. 1991, ch. 259, @ 12;
1992, ch. 280, @  18.

NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, inserted "a public record free of charge" and the second
occurrence of "the right" in Subsection (1); substituted "are
private, controlled, or protected under" for "are appropriately
classified private, confidential or protected as allowed by"  in
Subsection (3)(a); substituted "restricted pursuant to court rule"
for "restricted by" and "including records for which access is
governed or restricted as a condition" for "either directly or as
a condition" in Subsection (3)(b); inserted present Subsections (4)
through (6) and (11) and redesignated the remaining subsections
accordingly; added "Upon request" to the beginning of  Subsection
(8)(b); inserted "copies of" in Subsection (9); added the (a) and
(b) designations in Subsection (10); substituted "intellectual
property right and that offers the intellectual property right for
sale or license" for "a copyright or patent affecting a record, and
that offers the copyrighted or patented record for sale" and
deleted "access" before "duplication" in Subsection (10)(a);
substituted "intellectual property right" for "copyright or
patent" in Subsection (10)(b); and made stylistic changes in
Subsections (7) and (8).   EFFECTIVE DATES. --Laws 1991, ch. 259,
@ 76 makes the act effective on April 1,  1992.    Laws 1992, ch.
280, @ 63, effective July 1, 1992, amends L. 1991, ch. 259,

@ 76 to make that act effective July 1, 1992.

COLLATERAL REFERENCES   A.L.R. --State freedom of information act
requests: right to receive information in particular medium or
format, 86 A.L.R.4th 786.

NOTES APPLICABLE TO ENTIRE CHAPTER   REVISION OF CHAPTER.Laws 1991,
ch. 259 revised this chapter by repealing @@ 63-2-59 through
63-2-71, 63-2-73, 63-2-75 through 63-2-80, 63-2-84, and 63-2-85.1
through 63-2-89, as enacted by L. 1969, ch. 212, @@ 7, 9, 15, and
21;  1979, ch. 223, @ 9; 1984, ch. 67, @ 34; and 1985, ch. 86, @
11, and as last amended by L. 1981, ch. 257, @@ 6 and 7; 1985, ch.
86, @@ 1 to 10, 12 to 17, and 20 to 22; and 1987, ch. 92, @@ 110
and 111, relating to archives and records, and enacting @@ 63-2-101
through 63-2-909, effective April 1, 1992.Laws 1992, ch. 280, @ 63,
effective July 1, 1992, amends L. 1991, ch. 259, @ 76 to make that
act effective July 1, 1992.Sections 63-2-1 to 63-2-58, relating to
the former Department of Finance, were repealed by L. 1963, ch.
148, @ 2; L. 1965, ch. 131, @ 17; L. 1969, ch. 207, @ 14; L. 1969,
ch. 212, @ 31; L. 1972, ch. 23,  @ 3; L. 1974, ch. 27, @ 39; L.
1977, ch. 249, @ 8; L. 1979, ch. 227, @ 11; L. 1980, ch. 75, @ 5;
and L. 1981, ch. 257, @ 13. For present provisions relating
to the Division of Finance, see @ 63-1-12 et seq.


                        Utah Code Ann. @ 63-2-202 (1993)

@ 63-2-202.  Access to private, controlled, and protected documents

   (1) Upon request, a governmental entity shall disclose a private
record to:

      (a) the subject of the record;

(b) the parent or legal guardian of an unemancipated minor who is
the subject of the record;

      (c) the legal guardian of a legally incapacitated individual
who is the subject of the record;

      (d) any other individual who:

         (i) has a power of attorney from the subject of the
record; or

         (ii) submits a notarized release from the subject of the
record or his  legal representative dated no more than 90 days
before the date the request is made; or

      (e) any person to whom the record must be provided pursuant
to court order as provided in Subsection (7) or a legislative
subpoena as provided in Title 36, Chapter 14.

   (2)(a) Upon request, a governmental entity shall disclose a
controlled record to:

(i) a physician, psychologist, or certified social worker upon
submission of a notarized release from the subject of the record
that is dated no more than 90 days prior to the date the request is
made and a signed acknowledgment of the terms of disclosure of
controlled information as provided  by Subsection (b); and

         (ii) any person to whom the record must be disclosed
pursuant to court  order as provided in Subsection (7) or a
legislative subpoena as provided in Title 36, Chapter 14.

      (b) A person who receives a record from a governmental entity
in accordance with Subsection (2)(a)(i) may not disclose controlled
information from that record to any person, including the subject
of the record.

   (3) If there is more than one subject of a private or controlled
record, the  portion of the record that pertains to another subject
shall be segregated from  the portion that the requester is
entitled to inspect.

   (4) Upon request, a governmental entity shall disclose a
protected record to:

      (a) the person who submitted the record;

(b) any other individual who:

         (i) has a power of attorney from all persons, governmental
entities, or political subdivisions whose interests were sought to
be protected by the protected classification; or

         (ii) submits a notarized release from all persons,
governmental entities, or political subdivisions whose interests
were sought to be protected  by the protected classification or
from their legal representatives dated no more than 90 days prior
to the date the request is made; or

      (c) any person to whom the record must be provided pursuant
to a court order as provided in Subsection (7) or a legislative
subpoena as provided in Title 36, Chapter 14.

   (5) A governmental entity may disclose a private, controlled, or
protected record to another governmental entity, political
subdivision, another state, the United States, or a foreign
government only as provided by Section 63-2-206.

   (6) Before releasing a private, controlled, or protected record,
the governmental entity shall obtain evidence of the requester's

(7) A governmental entity shall disclose a record pursuant to the
terms of a  court order signed by a judge from a court of competent
jurisdiction, provided that:

      (a) the record deals with a matter in controversy over which
the court has jurisdiction;

      (b) the court has considered the merits of the request for
access to the record; and


      (c) the court has considered and, where appropriate, limited
the requester's use and further disclosure of the record in order
to protect privacy interests in the case of private or controlled
records, business confidentiality interests in the case of records
protected under Subsections 63-2-304(1) and (2), and privacy
interests or the public interest in the case of other protected
records;

      (d) to the extent the record is properly classified private,
controlled, or protected, the interests favoring access,
considering limitations thereon, outweigh the interests favoring
restriction of access; and

(e) where access is restricted by a rule, statute, or regulation
referred  to in Subsection 63-2-201(3)(b), the court has authority
independent of this chapter to order disclosure.

   (8)(a) A governmental entity may disclose or authorize
disclosure of private  or controlled records for research purposes
if the governmental entity:

         (i) determines that the research purpose cannot reasonably
be accomplished without use or disclosure of the information to the
researcher in individually identifiable form;

         (ii) determines that the proposed research is bona fide,
and that the value of the research outweighs the infringement upon
personal privacy;

         (iii) requires the researcher to assure the integrity,
confidentiality, and security of the records and requires the
removal or destruction of the individual identifiers associated
with the records as soon as the purpose of the research project has
been accomplished;

         (iv) prohibits the researcher from disclosing the record
in individually identifiable form, except as provided in Subsection
(b), or from using the record for purposes other than the research
approved by the governmental entity; and

         (v) secures from the researcher a written statement of his
understanding of and agreement to the conditions of this subsection
and his understanding that violation of the terms of this
subsection may subject him to  criminal prosecution under Section
63-2-801.

      (b) A researcher may disclose a record in individually
identifiable form if the record is disclosed for the purpose of
auditing or evaluating the research program and no subsequent use
or disclosure of the record in individually identifiable form will
be made by the auditor or evaluator except as provided by this
section.

      (c) A governmental entity may require indemnification as a
condition of permitting research under this subsection.

   (9)(a) Under Subsections 63-2-201(5)(b) and 63-2-401(6) a
governmental entity may disclose records that are private under
Section 63-2-302, or protected under Section 63-2-304 to persons
other than those specified in this section.

      (b) Under Subsection 63-2-403(11)(b) the Records Committee
may require the disclosure of records that are private under
Section 63-2-302, controlled

under Section 63-2-303, or protected under Section 63-2-304 to
persons other than those specified in this section.

      (c) Under Subsection 63-2-404(8) the court may require the
disclosure of records that are private under Section 63-2-302,
controlled under Section 63-2-303, or protected under Section
63-2-304 to persons other than those specified in this section.

HISTORY: C. 1953, 63-2-202, enacted by L. 1991, ch. 259, @ 13;
1992, ch. 280, @  19.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, inserted present  Subsections (3), (7), (8) and (9), deleted
former Subsection (6), providing for  disclosure if it is in the
public interest, and redesignated the remaining subsections
accordingly; substituted "90 days" for "30 days" in Subsections
(1)(d)(ii), (2)(a)(i), and (4)(b)(ii); rewrote Subsections (1)(e),
(2)(a)(ii), and (4)(c); substituted "controlled record" for "record
that is classified confidential" in the introductory language of
Subsection (2)(a); substituted "controlled" for "confidential" in
Subsections (2)(a)(i) and (2)(b); substituted "all persons,
governmental entities, or political subdivisions whose interests
were sought to be protected by the protected classification" for
"the subject

of the record" in Subsections (4)(b)(i) and (ii); substituted
"private, controlled, or protected record" for "record classified
private, confidential, or protected" in Subsections (5) and (6);
inserted "political subdivision" in Subsection (5); and made
stylistic changes in Subsections (1), (2)(b), and (4).    EFFECTIVE
DATES. --Laws 1991, ch. 259, @ 76 makes the act effective on April
1,  1992.    Laws 1992, ch. 280, @ 63, effective July 1, 1992,
amends L. 1991, ch. 259, @  76 to make that act effective July 1,
1992.

NOTES TO DECISIONS   PUBLIC'S RIGHT OF ACCESS.    In a defamation
action by a police officer against a television station, where the
City asked for a protective order preventing discovery of its
police department personnel and internal affairs files, the trial
court was required to balance the competing interests through an in
camera examination of the materials for which the official
information privilege was claimed. However, the court could not
consider arguments that the public interest would be harmed by
discovery of internal affairs filed because discovery would have a
chilling effect on the ability of a police administrator to obtain
full and candid reporting from officers, police administrators
would be encouraged not to

fulfill their duty to fully investigate internal complaints if the
results are discoverable in a civil action involving the officer,
and the free flow of information from complainants would be
jeopardized. Madsen v. United Television, Inc., 801 P.2d 912 (Utah
1990).

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-203 (1993)

@ 63-2-203.  Fees

   (1) A governmental entity may charge a reasonable fee to cover
the governmental entity's actual cost of duplicating a record or
compiling a record  in a form other than that maintained by the
governmental entity.

(2) Fees shall be established as follows:

      (a) Governmental entities with fees established by the
Legislature shall establish fees through the budget process.
Governmental entities with fees established by the Legislature may
use the procedures of Subsection 63-38-3(3) to set fees until the
Legislature establishes fees through the budget process. A fee set
by a governmental entity in accordance with Subsection 63-38-3(3)
expires on April 26, 1993.

      (b) Political subdivisions shall establish fees by ordinance
or written formal policy adopted by the governing body.

      (c) The judiciary shall establish fees by rules of the
judicial council.

   (3) A governmental entity may fulfill a record request without
charge and is  encouraged to do so when it determines that:

      (a) releasing the record primarily benefits the public rather
than a person;

      (b) the individual requesting the record is the subject of
the record, or  an individual specified in Subsection 63-2-202(1)
or (2); or

(c) the requester's legal rights are directly implicated by the
information in the record, and the requester is impecunious.

   (4) A governmental entity may not charge a fee for:

      (a) reviewing a record to determine whether it is subject to
disclosure; or

      (b) inspecting a record.

   (5)(a) All fees received under this section by a governmental
entity subject  to Subsection (2)(a) shall be retained by the
governmental entity as a dedicated credit.

      (b) Those funds shall be used to recover the actual cost and
expenses incurred by the governmental entity in providing the
requested record or record  series.

   (6) A governmental entity may require payment of past fees and
future estimated fees before beginning to process a request if fees
are expected to exceed $50, or if the requester has not paid fees
from previous requests. Any prepaid amount in excess of fees due
shall be returned to the requester.

(7) This section does not alter, repeal, or reduce fees established
by other  statutes or legislative acts.
HISTORY: C. 1953, 63-2-203, enacted by L. 1991, ch. 259, @ 14;
1992, ch. 280, @  20.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, divided former Subsection (1) into Subsections (1) and (2)
and made related changes, inserted present Subsection (6), and
redesignated the remaining subsections accordingly;  in Subsection
(2)(a), rewrote the first sentence and added the second and third
sentences; added "or written formal policy adopted by the governing
body" to the end of Subsection (2)(b); in the introductory language
of Subsection (3), inserted "record" and "and is encouraged to do
so"; substituted "a person" for "an individual" in Subsection
(3)(a); added "or an individual specified in Subsections
63-2-202(1) or (2)" at the end of Subsection (3)(b); added
Subsection (3)(c) and made related changes; rewrote the first
sentence of Subsection (5) as Subsection (5)(a) and designated the
second sentence as Subsection (5)(b); substituted "governmental
entity" for "state agency" in Subsection (5)(b); and, in Subsection
(7), substituted "alter, repeal, or reduce" for "apply to" and
added "or legislative acts" at the end.

EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76 makes the act effective
on April 1,  1992.    Laws 1992, ch. 280, @ 63, effective July 1,
1992, amends L. 1991, ch. 259, @  76 to make that act effective
July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-204 (1993)

@ 63-2-204.  Requests -- Time limit for response and extraordinary
circumstances

   (1) A person making a request for a record shall furnish the
governmental entity with a written request containing his name,
mailing address, daytime telephone number, if available, and a
description of the records requested that  identifies the record
with reasonable specificity.

(2) A governmental entity may make rules in accordance with Title
63, Chapter 46a, Utah Administrative Rulemaking Act, specifying
where and to whom requests for access shall be directed.

   (3)(a) As soon as reasonably possible, but no later than ten
business days after receiving a written request, or five business
days after receiving a written request if the requester
demonstrates that expedited response to the record request benefits
the public rather than the person, the governmental entity shall
respond to the request by:

         (i) approving the request and providing the record;

         (ii) denying the request;

         (iii) notifying the requester that it does not maintain
the record and  providing, if known, the name and address of the
governmental entity that does maintain the record; or

         (iv) notifying the requester that because of one of the
extraordinary circumstances listed in Subsection (4), it cannot
immediately approve or deny the request. The notice shall describe
the circumstances relied upon and specify the date when the records
will be available.


(b) Any person who requests a record to obtain information for a
story or  report for publication or broadcast to the general public
is presumed to be acting to benefit the public rather than a
person.

   (4) The following circumstances constitute "extraordinary
circumstances" that allow a governmental entity to delay approval
or denial by an additional period  of time as specified in
Subsection 63-2-204(5) if the governmental entity determines that
due to the extraordinary circumstances it cannot respond within
the time limits provided in Subsection (3):

      (a) another governmental entity is using the record, in which
case the originating governmental entity shall promptly request
that the governmental entity currently in possession return the
record;

      (b) another governmental entity is using the record as part
of an audit, and returning the record before the completion of the
audit would impair the conduct of the audit;

      (c) the request is for a voluminous quantity of records;

      (d) the governmental entity is currently processing a large
number of records requests;

(e) the request requires the governmental entity to review a large
number  of records to locate the records requested;

      (f) the decision to release a record involves legal issues
that require the governmental entity to seek legal counsel for the
analysis of statutes, rules, ordinances, regulations, or case law;

      (g) segregating information that the requester is entitled to
inspect from information that the requester is not entitled to
inspect requires extensive editing; or

      (h) segregating information that the requester is entitled to
inspect from information that the requester is not entitled to
inspect requires computer programming.

   (5) If one of the extraordinary circumstances listed in
Subsection (4) precludes approval or denial within the time
specified in Subsection (3), the following time limits apply to the
extraordinary circumstances:

      (a) for claims under Subsection (4)(a), the governmental
entity currently  in possession of the record shall return the
record to the originating entity within five business days of the
request for the return unless returning the

record would impair the holder's work;

      (b) for claims under Subsection (4)(b), the originating
governmental entity shall notify the requester when the record is
available for inspection and copying;

      (c) for claims under Subsections (4)(c), (d), and (e), the
governmental entity shall:

         (i) disclose the records that it has located which the
requester is entitled to inspect;

         (ii) provide the requester with an estimate of the amount
of time it will take to finish the work required to respond to the
request; and

         (iii) complete the work and disclose those records that
the requester is entitled to inspect as soon as reasonably
possible;

      (d) for claims under Subsection (4)(f), the governmental
entity shall either approve or deny the request within five
business days after the response  time specified for the original
request has expired;

(e) for claims under Subsection (4)(g), the governmental entity
shall fulfill the request within 15 business days from the date of
the original request; or

      (f) for claims under Subsection (4)(h), the governmental
entity shall complete its programming and disclose the requested
records as soon as reasonably possible.

   (6)(a) If a request for access is submitted to an office of a
governmental entity other than that specified by rule in accordance
with Subsection (2), the  office shall promptly forward the request
to the appropriate office.

      (b) If the request is forwarded promptly, the time limit for
response begins when the record is received by the office specified
by rule.

   (7) If the governmental entity fails to provide the requested
records or issue a denial within the specified time period, that
failure is considered the  equivalent of a determination denying
access to the records.

HISTORY: C. 1953, 63-2-204, enacted by L. 1991, ch. 259, @ 15;
1992, ch. 280, @  21.

NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, inserted "if available" in Subsection (1); added present
Subsection (3)(b) and redesignated former Subsection (3) as
Subsection (3)(a), rewriting the introductory language; divided
Subsection (3)(a)(iv) into two sentences, inserting "one of" in the
first sentence and substituting "The notice shall describe the
circumstances relied upon and specify the" for a comma and "and
specifying the earliest time and" at the beginning of the second
sentence; deleted former Subsection (4), providing for expedited
release of records in certain instances, redesignated the remaining
subsections accordingly, and made related internal reference
changes; substituted "promptly" for "immediately" in Subsections
(4)(a) and (6)(a) and (b); substituted "that require the
governmental entity to seek legal  counsel for the" for "requiring"
in Subsection (4)(f); rewrote Subsections (4)(g) and (h); deleted
"a governmental entity claims that" before "one of the
extraordinary" near the beginning of Subsection (5); substituted
"records that it has located which the requester is entitled to
inspect" for "public records that it has located" in Subsection
(5)(c)(i); substituted "work required to respond to the request"
for "search" in Subsection (5)(c)(iii); substituted "work" for
"search" and "those records that the requester is entitled to
inspect" for "the requested records" in Subsection (5)(c)(iii);
inserted "business" in Subsection (5)(d); divided Subsection (6)
into Subsections (6)(a)  and (b); and substituted "specified" for
"designated" in Subsections (5)(d)

and (6)(b).   EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76 makes the
act effective on April 1,  1992.    Laws 1992, ch. 280, @ 63,
effective July 1, 1992, amends L. 1991, ch. 259, @  76 to make that
act effective July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-205 (1993)

@ 63-2-205.  Denials

   (1) If the governmental entity denies the request in whole or
part, it shall  provide a notice of denial to the requester either
in person or by sending the notice to the requester's address.

(2) The notice of denial shall contain the following information:

      (a) a description of the record or portions of the record to
which access  was denied, provided that the description does not
disclose private, controlled, or protected information or
information exempt from disclosure under Subsection
63-2-201(3)(b);

      (b) citations to the provisions of this chapter, court rule
or order, another state statute, federal statute, or federal
regulation that exempt the record or portions of the record from
disclosure, provided that the citations do not disclose private,
controlled, or protected information or information exempt from
disclosure under Subsection 63-2-201(3)(b);

      (c) a statement that the requester has the right to appeal
the denial to the chief administrative officer of the governmental
entity; and

      (d) the time limits for filing an appeal, and the name and
business address of the chief administrative officer of the
governmental entity.

   (3) Unless otherwise required by a court or agency of competent
jurisdiction, a governmental entity may not destroy or give up
custody of any record to which  access was denied until the period
for an appeal has expired or the end of the

appeals process, including judicial appeal.

HISTORY: C. 1953, 63-2-205, enacted by L. 1991, ch. 259, @ 16;
1992, ch. 280, @  22.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, in Subsection (1), substituted "provide" for "send" and
inserted "to the requester either in person or by sending the
notice"; in Subsection (2)(a), substituted "controlled" for
"confidential," and added "or information exempt from disclosure
under Subsection 63-2-201(3)(b)"; in Subsection (2)(b), inserted
"court rule or order," substituted "controlled" for "confidential,"
and added "or information exempt from disclosure under Subsection
63-2-201(3)(b)"; deleted "and then to either the records committee
or district court" after "entity" in Subsection (2)(c); deleted "a
brief summary of the appeals process" from the beginning of
Subsection (2)(d); and substituted "period for an appeal" for
"period in which to bring an appeal" in Subsection (3).   EFFECTIVE
DATES. --Laws 1991, ch. 259, @ 76 makes the act effective on April
1,  1992.    Laws 1992, ch. 280, @ 63, effective July 1, 1992,
amends L. 1991, ch. 259, @  76 to make that act effective July 1,

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-206 (1993)

@ 63-2-206.  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 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:

      (a) is entitled by law to inspect the record; or
      (b) is required to inspect the record as a condition of
participating in a state or federal program or for receiving state
or federal funds.

   (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 governmental entity receiving a record under this section
is subject to the same restrictions on disclosure of the material
as the originating entity.

   (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 State Tax Commission that pertain to
any person and that are gathered under authority of Title 59,
Revenue and Taxation;

      (b) 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

(c) 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.

HISTORY: C. 1953, 63-2-206, enacted by L. 1991, ch. 259, @ 17;
1992, ch. 228, @  2; 1992, ch. 280, @ 23.

 NOTES: AMENDMENT NOTES. --The 1992 amendment by ch. 228 inserted
Subsection (7), redesignated former Subsections (7) and (8) as
Subsections (8) and (9), and made stylistic changes in Subsections
(9)(a) and (b).    The 1992 amendment by ch. 280, effective July 1,
1992, rewrote the introductory language of Subsections (1) and (2),
making related changes; substituted "enforces, litigates, or
investigates civil, criminal, or administrative law" for "enforces
or investigates civil or criminal law" in Subsection (1)(b); added
Subsection (1)(d) and made related changes; substituted "that is"
for "classified" and inserted "a political subdivision, a
government-managed corporation, the federal government, or another
state" in the introductory language of Subsection (3); substituted
"requesting entity" for "governmental entity" in Subsection (3)(a);
redesignated former Subsection (4)
as Subsection (6) and former Subsection (6) as Subsection (4);
rewrote the introductory language of Subsection (4); in Subsection
(5)(b), inserted "if the  recipient is not a governmental entity to
which this chapter applies" and "which may be by mechanical or
electronic transmission"; in Subsection (6), deleted
"Notwithstanding Subsection (2)" from the beginning and inserted
"without complying with the procedures of Subsections (2) or (5)";
inserted present Subsection (7) and redesignated the remaining
subsections accordingly; in Subsection (8), inserted "court rule or
order" and "rule, order" and made a punctuation change; rewrote the
introductory language of Subsection (9); substituted "Subsection
63-2-302(1)(c)" for "Subsection 63-2-302(5)" in Subsection (9)(c);
and added Subsection (10).    This section is set out as reconciled
by the Office of Legislative Research and General Counsel.
COMPILER'S NOTES. --Laws 1992, ch. 280, @ 64, effective July 1,
1992, makes the  amendment by ch. 228 effective on July 1, 1992,
instead of April 1, 1992, the effective date specified in ch. 228.
 EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76 makes the act
effective on April 1,  1992.    Laws 1992, ch. 280, @ 63 amends L.
1991, ch. 259, @ 76 to make that act effective July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-207 (1993)

@ 63-2-207.  Subpoenas

   Subpoenas and other methods of discovery under the state or
federal statutes  or rules of civil, criminal, administrative, or
legislative procedure are not written requests under Section
63-2-204. Compliance with civil, criminal, administrative, and
legislative discovery shall be governed by the applicable statutes
and rules of procedure, not by this chapter.

HISTORY: C. 1953, 63-2-207, enacted by L. 1992, ch. 280, @ 24.

 NOTES: EFFECTIVE DATES. --Laws 1992, ch. 280, @ 63 makes the act
effective on July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-301 (1993)

@ 63-2-301.  Records that must be disclosed

   (1) The following records are public except to the extent they
contain information expressly permitted to be treated
confidentially under the provisions of Subsections 63-2-201(3)(b)
and (6)(a):

(a) laws;

      (b) names, gender, gross compensation, job titles, job
descriptions, business addresses, business telephone numbers,
number of hours worked per pay period, dates of employment, and
relevant education, previous employment, and similar job
qualifications of the governmental entity's former and present
employees and officers excluding:

         (i) undercover law enforcement personnel; and

         (ii) investigative personnel if disclosure could
reasonably be expected to impair the effectiveness of
investigations or endanger any individual's safety;

      (c) final opinions, including concurring and dissenting
opinions, and orders that are made by a governmental entity in an
administrative, adjudicative, or judicial proceeding except that if
the proceedings were properly closed to the public, the opinion and
order may be withheld to the extent that they contain information
that is private, controlled, or protected;

      (d) final interpretations of statutes or rules by a
governmental entity unless classified as protected as provided in
Subsections 63-2-304(15), (16), and (17);

      (e) information contained in or compiled from a transcript,
minutes, or report of the open portions of a meeting of a
governmental entity as provided by Title 52, Chapter 4, Open and
Public Meetings, including the records of all votes of each member
of the governmental entity;

      (f) judicial records unless a court orders the records to be
restricted under the rules of civil or criminal procedure or unless
the records are private under this chapter;

      (g) records filed with or maintained by county recorders,
clerks, treasurers, surveyors, zoning commissions, the Division of
State Lands and Forestry, the Division of Oil, Gas and Mining, the
Division of Water Rights, or  other governmental entities that give
public notice of:

         (i) titles or encumbrances to real property;

         (ii) restrictions on the use of real property;

         (iii) the capacity of persons to take or convey title to
real property; or

(iv) tax status for real and personal property;

      (h) records of the Department of Commerce that evidence
incorporations, mergers, name changes, and uniform commercial code
filings;

      (i) data on individuals that would otherwise be private under
this chapter if the individual who is the subject of the record has
given the governmental entity written permission to make the
records available to the public;

      (j) documentation of the compensation that a governmental
entity pays to a contractor or private provider; and

      (k) summary data.

   (2) The following records are normally public, but to the extent
that a record is expressly exempt from disclosure, access may be
restricted under Subsection 63-2-201(3)(b), Section 63-2-302,
63-2-303, or 63-2-304:

      (a) administrative staff manuals, instructions to staff, and
statements of policy;

(b) records documenting a contractor's or private provider's
compliance with the terms of a contract with a governmental entity;

      (c) records documenting the services provided by a contractor
or a private provider to the extent the records would be public if
prepared by the governmental entity;

      (d) contracts entered into by a governmental entity;

      (e) any account, voucher, or contract that deals with the
receipt or expenditure of funds by a governmental entity;

      (f) records relating to government assistance or incentives
publicly disclosed, contracted for, or given by a governmental
entity, encouraging a person to expand or relocate a business in
Utah, except as provided in Subsection 63-2-304(34);

      (g) chronological logs and initial contact reports;

      (h) correspondence by and with a governmental entity in which
the governmental entity determines or states an opinion upon the
rights of the state, a political subdivision, the public, or any

(i) empirical data contained in drafts if:

         (i) the empirical data is not reasonably available to the
requester elsewhere in similar form; and

         (ii) the governmental entity is given a reasonable
opportunity to correct any errors or make nonsubstantive changes
before release;

      (j) drafts that are circulated to anyone other than:

         (i) a governmental entity;

         (ii) a political subdivision;

         (iii) a federal agency if the governmental entity and the
federal agency are jointly responsible for implementation of a
program or project that has been legislatively approved;

         (iv) a government-managed corporation; or


         (v) a contractor or private provider;

(k) drafts that have never been finalized but were relied upon by
the governmental entity in carrying out action or policy;

      (l) original data in a computer program if the governmental
entity chooses not to disclose the program;

      (m) arrest warrants after issuance, except that, for good
cause, a court may order restricted access to arrest warrants prior
to service;

      (n) search warrants after execution and filing of the return,
except that  a court, for good cause, may order restricted access
to search warrants prior to trial;

      (o) records that would disclose information relating to
formal charges or  disciplinary actions against a past or present
governmental entity employee if:

         (i) the disciplinary action has been completed and all
time periods for administrative appeal have expired; and

         (ii) the formal charges were sustained;

(p) records maintained by the Division of State Lands and Forestry
or the  Division of Oil, Gas and Mining that evidence mineral
production on government lands;

      (q) final audit reports;

      (r) occupational and professional licenses;

      (s) business licenses; and

      (t) a notice of violation, a notice of agency action under
Section 63-46b-3, or similar records used to initiate proceedings
for discipline or sanctions against persons regulated by a
governmental entity, but not including  records that initiate
employee discipline.

   (3) The list of public records in this section is not exhaustive
and should not be used to limit access to records.

HISTORY: C. 1953, 63-2-301, enacted by L. 1991, ch. 259, @ 18;
1992, ch. 280, @  25.

NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, so changed the section that a detailed comparison is
impracticable, but, among other things, the amendment redesignated
former Subsections (11), (15), and (19) as present Subsections
(2)(l), (1)(j), and (1)(k), respectively; deleted former Subsection
(10), relating to records not containing data on individuals under
certain circumstances; and added Subsections (2)(j)(ii), (iv), and
(v), (2)(m) through (t), and (3).   EFFECTIVE DATES. --Laws 1991,
ch. 259, @ 76 makes the act effective on April 1,  1992.    Laws
1992, ch. 280, @ 63, effective July 1, 1992, amends L. 1991, ch.
259, @  76 to make that act effective July 1, 1992.

NOTES TO DECISIONS   JUDICIAL RECORDS.    Sealed depositions are
"judicial records" and are presumptively public and subject to
inspections. This statutory right of inspection can be restricted
only for good cause shown under the protective order provision of
Utah Rule of Civil Procedure 26(c). Carter v. Utah Power & Light
Co., 800 P.2d 1095 (Utah 1990).

NOTES APPLICABLE TO ENTIRE CHAPTER   REVISION OF CHAPTER.Laws 1991,
ch. 259 revised this chapter by repealing @@ 63-2-59 through
63-2-71, 63-2-73, 63-2-75 through 63-2-80, 63-2-84, and 63-2-85.1
through 63-2-89, as enacted by L. 1969, ch. 212, @@ 7, 9, 15, and
21;  1979, ch. 223, @ 9; 1984, ch. 67, @ 34; and 1985, ch. 86, @
11, and as last amended by L. 1981, ch. 257, @@ 6 and 7; 1985, ch.
86, @@ 1 to 10, 12 to 17, and 20 to 22; and 1987, ch. 92, @@ 110
and 111, relating to archives and records, and enacting @@ 63-2-101
through 63-2-909, effective April 1, 1992.Laws 1992, ch. 280, @ 63,
effective July 1, 1992, amends L. 1991, ch. 259, @ 76 to make that
act effective July 1, 1992.Sections 63-2-1 to 63-2-58, relating to
the former Department of Finance, were repealed by L. 1963, ch.
148, @ 2; L. 1965, ch. 131, @ 17; L. 1969, ch. 207, @ 14; L. 1969,
ch. 212, @ 31; L. 1972, ch. 23,  @ 3; L. 1974, ch. 27, @ 39; L.
1977, ch. 249, @ 8; L. 1979, ch. 227, @ 11; L. 1980, ch. 75, @ 5;
and L. 1981, ch. 257, @ 13. For present provisions relating to the
Division of Finance, see @ 63-1-12 et seq.


                        Utah Code Ann. @ 63-2-302 (1993)

@ 63-2-302.  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 in a Senate or House ethics
committee concerning any alleged violation of the rules on
legislative ethics if the ethics committee meeting was closed to
the public; and

      (e) 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.

   (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)(e).

      (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.

HISTORY: C. 1953, 63-2-302, enacted by L. 1991, ch. 259, @ 19;
1992, ch. 280, @  26.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, redesignated the  former introductory language and
Subsections (1), (3), (5), and (7) as present Subsection (1) and
former Subsection (11) as present Subsection (2)(e); rewrote  the
introductory language of Subsection (1); deleted former Subsections
(2), (4), (6), and (8) through (10), which related to an
individual's financial records, records containing data on
individuals the disclosure of which constitutes a clearly
unwarranted invasion of privacy, certain records of independent
state agencies, information in an agency's personnel files, certain
information comprising a personal recommendation or evaluation
concerning an individual, and records that would disclose military
status; added Subsections (1)(e) and (2) through (2)(d), making
related changes; and substituted "government" for "governmental"
and the language beginning "managed as private records" for "given
private status" in Subsection (2)(e).   EFFECTIVE DATES. --Laws
1991, ch. 259, @ 76 makes the act effective on April 1,  1992.

Laws 1992, ch. 280, @ 63, effective July 1, 1992, amends L. 1991,
ch. 259, @  76 to make that act effective July 1, 1992.
CROSS-REFERENCES. --Salary information as to employees of
institutions of higher education private, @ 53B-7-205.

COLLATERAL REFERENCES   AM. JUR. 2D. --62 Am. Jur. 2d Privacy @ 1
et seq.; 66 Am. Jur. 2d Records and Recording Laws @@ 27-30.
C.J.S. --76 C.J.S. Records @@ 35 to 41; 77 C.J.S. Right of Privacy
@@ 1 to 8.   A.L.R. --Public disclosure of person's indebtedness as
violation of right to privacy, 33 A.L.R.3d 154.    Confidentiality
of records as to recipients of public welfare, 54 A.L.R.3d 768.
Waiver or loss of right of privacy, 57 A.L.R.3d 16.    Juvenile
court records, expungement of, 71 A.L.R.3d 753.    When are
government records "personnel files" exempt from disclosure under
Freedom of Information Act provision (5 USCS @ 552(b)(6)) exempting
certain "personnel," medical, and similar files, 104 A.L.R. Fed.
When are government records "similar files" exempt from disclosure
under Freedom of Information Act provisions (5 USCS @ 552(b)(6))
exempting certain personnel, medical, and "similar" files, 106
A.L.R. Fed. 94.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-303 (1993)

@ 63-2-303.  Controlled records

   A record is controlled if:

      (1) the record contains medical, psychiatric, or
psychological data about  an individual;

(2) the governmental entity reasonably believes that:

         (a) releasing the information in the record to the subject
of the record would be detrimental to the subject's mental health
or to the safety of any individual; or

         (b) releasing the information would constitute a violation
of normal professional practice and medical ethics; and

      (3) the governmental entity has properly classified the
record.

HISTORY: C. 1953, 63-2-303, enacted by L. 1991, ch. 259, @ 20;
1992, ch. 280, @  27.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, substituted "record is controlled" for "governmental entity
may classify a record as confidential only" in the introductory
language; divided former Subsection (2) into introductory language
and Subsection (2)(a), added Subsection (2)(b), and made related
changes; inserted "the information in" and "to the subject of the
record" in Subsection (2)(a); and added Subsection (3) and made
related changes.

EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76 makes the act effective
on April 1,  1992.    Laws 1992, ch. 280, @ 63, effective July 1,
1992, amends L. 1991, ch. 259, @  76 to make that act effective
July 1, 1992.

COLLATERAL REFERENCES   A.L.R. --When are government records
"medical files" exempt from disclosure under Freedom of Information
Act provision (5 USCS @ 552 (b)(6)) exempting certain personnel,
"medical," and similar files, 104 A.L.R. Fed. 734.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.

                        Utah Code Ann. @ 63-2-304 (1993)

@ 63-2-304.  Protected records

   The following records are protected if properly classified by a
governmental  entity:

      (1) trade secrets as defined in Section 13-24-2 if the person
submitting the trade secret has provided the governmental entity
with the information specified in Section 63-2-308;

      (2) commercial information or nonindividual financial
information obtained from a person if:

         (a) disclosure of the information could reasonably be
expected to result in unfair competitive injury to the person
submitting the information or  would impair the ability of the
governmental entity to obtain necessary information in the future;

         (b) the person submitting the information has a greater
interest in prohibiting access than the public in obtaining access;
and

         (c) the person submitting the information has provided the
governmental entity with the information specified in Section
63-2-308;

      (3) commercial or financial information acquired or prepared
by a governmental entity to the extent that disclosure would lead
to financial speculations in currencies, securities, or commodities
that will interfere with  a planned transaction by the governmental
entity or cause substantial financial  injury to the governmental
entity or state economy;

(4) test questions and answers to be used in future license,
certification, registration, employment, or academic examinations;

      (5) records the disclosure of which would impair governmental
procurement  proceedings or give an unfair advantage to any person
proposing to enter into a  contract or agreement with a
governmental entity, except that this subsection does not restrict
the right of a person to see bids submitted to or by a governmental
entity after bidding has closed;

      (6) records that would identify real property or the
appraisal or estimated value of real or personal property,
including intellectual property, under consideration for public
acquisition before any rights to the property are acquired unless:

         (a) public interest in obtaining access to the information
outweighs the governmental entity's need to acquire the property on
the best terms possible;

         (b) the information has already been disclosed to persons
not employed  by or under a duty of confidentiality to the entity;

(c) in the case of records that would identify property, potential
sellers of the described property have already learned of the
governmental entity's plans to acquire the property; or

         (d) in the case of records that would identify the
appraisal or estimated value of property, the potential sellers
have already learned of the governmental entity's estimated value
of the property;

      (7) records prepared in contemplation of sale, exchange,
lease, rental, or other compensated transaction of real or personal
property including intellectual property, which, if disclosed prior
to completion of the transaction, would reveal the appraisal or
estimated value of the subject property, unless:

         (a) the public interest in access outweighs the interests
in restricting access, including the governmental entity's interest
in maximizing the financial benefit of the transaction; or

         (b) when prepared by or on behalf of a governmental
entity, appraisals  or estimates of the value of the subject
property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity.

(8) records created or maintained for civil, criminal, or
administrative enforcement purposes or audit purposes, or for
discipline, licensing, certification, or registration purposes, if
release of the records:

         (a) reasonably could be expected to interfere with
investigations undertaken for enforcement, discipline, licensing,
certification, or registration purposes;

         (b) reasonably could be expected to interfere with audits,
disciplinary, or enforcement proceedings;

         (c) would create a danger of depriving a person of a right
to a fair trial or impartial hearing;

         (d) reasonably could be expected to disclose the identity
of a source who is not generally known outside of government and,
in the case of a record compiled in the course of an investigation,
disclose information furnished by a  source not generally known
outside of government if disclosure would compromise  the source;
or

         (e) reasonably could be expected to disclose investigative
or audit techniques, procedures, policies, or orders not generally
known outside of
government if disclosure would interfere with enforcement or audit
efforts;

      (9) records the disclosure of which would jeopardize the life
or safety of an individual;

      (10) records the disclosure of which would jeopardize the
security of governmental property, governmental programs, or
governmental record-keeping systems from damage, theft, or other
appropriation or use contrary to law or public policy;

      (11) records that, if disclosed, would jeopardize the
security or safety of a correctional facility, or records relating
to incarceration, treatment, probation, or parole, that would
interfere with the control and supervision of an offender's
incarceration, treatment, probation, or parole;

      (12) records that, if disclosed, would reveal recommendations
made to the  Board of Pardons by an employee of or contractor for
the Department of Corrections, the Board of Pardons, or the
Department of Human Services that are  based on the employee's or
contractor's supervision, diagnosis, or treatment of  any person
within the board's jurisdiction;

(13) records and audit workpapers that identify audit, collection,
and operational procedures and methods used by the State Tax
Commission, if disclosure would interfere with audits or
collections;

      (14) records of a governmental audit agency relating to an
ongoing or planned audit until the final audit is released;

      (15) records prepared by or on behalf of a governmental
entity solely in anticipation of litigation that are not available
under the rules of discovery;

      (16) records disclosing an attorney's work product, including
the mental impressions or legal theories of an attorney or other
representative of a governmental entity concerning litigation;

      (17) records of communications between a governmental entity
and an attorney representing, retained, or employed by the
governmental entity if the communications would be privileged as
provided in Section 78-24-8;

      (18) personal files of a legislator, including personal
correspondence to  or from a member of the Legislature, but not
correspondence that gives notice of legislative action or policy;

(19) records in the custody or control of the Office of Legislative
Research and General Counsel, that, if disclosed, would reveal a
particular legislator's contemplated legislation or contemplated
course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course
of action public;

      (20) research requests from legislators to the Office of
Legislative Research and General Counsel or the Office of the
Legislative Fiscal Analyst and research findings prepared in
response to these requests;

      (21) drafts, unless otherwise classified as public;

      (22) records concerning a governmental entity's strategy
about collective  bargaining or pending litigation;

      (23) records of investigations of loss occurrences and
analyses of loss occurrences that may be covered by the Risk
Management Fund, the Employers' Reinsurance Fund, the Uninsured
Employers' Fund, or similar divisions in other governmental
entities;

      (24) records, other than personnel evaluations, that contain
a personal recommendation concerning an individual if disclosure
would constitute a
clearly unwarranted invasion of personal privacy, or disclosure is
not in the public interest;

      (25) records that reveal the location of historic,
prehistoric, paleontological, or biological resources that if known
would jeopardize the security of those resources or of valuable
historic, scientific, educational, or cultural information;

      (26) records of independent state agencies if the disclosure
of the records would conflict with the fiduciary obligations of the
agency;

      (27) records of a public institution of higher education
regarding tenure  evaluations, appointments, applications for
admissions, retention decisions, and promotions, which could be
properly discussed in a meeting closed in accordance  with Title
52, Chapter 4, Open and Public Meetings, provided that records
reflecting final decisions about tenure, appointments, retention,
promotions, or those students admitted, may not be classified as
protected under this section;

      (28) records of the governor's office, including budget
recommendations, legislative proposals, and policy statements, that
if disclosed would reveal the governor's contemplated policies or
contemplated courses of action before the governor has implemented
or rejected those policies or courses of action or

made them public;

      (29) records of the Office of the Legislative Fiscal Analyst
relating to budget analysis, revenue estimates, and fiscal notes of
proposed legislation before issuance of the final recommendations
in these areas; and

      (30) records provided by the United States or by a government
entity outside the state that are given to the governmental entity
with a requirement that they be managed as protected records if the
providing entity certifies that the record would not be subject to
public disclosure if retained by it;

      (31) transcripts, minutes, or reports of the closed portion
of a meeting of a public body except as provided in Section 52-4-7
of the Open and Public Meetings Act;

      (32) records that would reveal the contents of settlement
negotiations but not including final settlements or empirical data
to the extent that they are not otherwise exempt from disclosure;

      (33) memoranda prepared by staff and used in the
decision-making process by an administrative law judge, a member of
the Board of Pardons, or a member of any other body charged by law
with performing a quasi-judicial function;

(34) records that would reveal negotiations regarding assistance or
incentives offered by or requested from a governmental entity for
the purpose of encouraging a person to expand or locate a business
in Utah, but only if disclosure would result in actual economic
harm to the person or place the governmental entity at a
competitive disadvantage, but this section may not be used to
restrict access to a record evidencing a final contract;

      (35) materials to which access must be limited for purposes
of securing or maintaining the governmental entity's proprietary
protection of intellectual property rights including patents,
copyrights, and trade secrets;

      (36) the name of a donor or a prospective donor to a
governmental entity,  including a public institution of higher
education, and other information concerning the donation that could
reasonably be expected to reveal the identity of the donor,
provided that:

         (a) the donor requests anonymity in writing;

         (b) any terms, conditions, restrictions, or privileges
relating to the  donation may not be classified protected by the
governmental entity under this subsection;

(c) except for public institutions of higher education, the
governmental unit to which the donation is made is primarily
engaged in educational, charitable, or artistic endeavors, and has
no regulatory or legislative authority over the donor, a member of
his immediate family, or any entity owned or controlled by the
donor or his immediate family;

      (37) the following records of a public institution of
education, which have been developed, discovered, or received by or
on behalf of faculty, staff,  employees, or students of the
institution: unpublished lecture notes, unpublished research notes
and data, unpublished manuscripts, creative works in  process,
scholarly correspondence, and confidential information contained in
research proposals. Nothing in this subsection shall be construed
to affect the  ownership of a record.

HISTORY: C. 1953, 63-2-304, enacted by L. 1991, ch. 259, @ 21;
1992, ch. 228, @  3; 1992, ch. 280, @ 28.

 NOTES: AMENDMENT NOTES. --The 1992 amendment by ch. 228 rewrote
Subsection (18), which  read: "unnumbered bill requests that are
designated as protected by the legislator who requests that the
bill be prepared by the Office of Legislative Research and General
Counsel," and made a stylistic change in Subsection (27).

The 1992 amendment by ch. 280, effective July 1, 1992, rewrote the
introductory language; inserted "information" and substituted
"obtained from" for "exchanged between a governmental entity and"
at the beginning of Subsection (2); substituted "could reasonably
be expected to result" for "would result" in  Subsection (2)(a);
substituted "state economy" for "national economy" in Subsection
(3); inserted "certification, registration" in Subsection (4);
inserted "or to" near the end of Subsection (5); substituted
"appraisal or estimated value of real or personal property,
including intellectual property" for "value of the real property"
in Subsection (6); deleted "real" before "property" in Subsection
(6)(a); inserted present Subsection (6)(b), redesignated part of
former Subsection (6)(b) as Subsection (6)(c) and the other part as
Subsection (6)(d), making related changes; in Subsection (6)(c),
added "in the case of records that would identify property" to the
beginning and substituted "described property" for "real property";
in Subsection (6)(d), added the language beginning "in the case of
records" and ending "already learned" to the beginning and deleted
"real" before "property"; inserted present Subsections (7), (24),
and (31) through (37), deleted former Subsection (23), providing
that communications between individuals acting in a judiciary
capacity are confidential, and redesignated the remaining
subsections accordingly; rewrote the introductory language of
Subsection (8) and rewrote Subsection (8)(a), inserted present
Subsection (8)(b), and changed the remaining designations
accordingly; substituted "would create a danger of depriving" for

"deprive" in Subsection (8)(b); added "reasonably could be expected
to" to the beginning of Subsections (8)(d) and (e); inserted "or
audit" twice in Subsection (8)(e); added "from damage, theft, or
other appropriation or use contrary to law or public policy" to the
end of Subsection (10); rewrote Subsections (11), (12), (13), and
(27); in Subsection (15), inserted "solely" and deleted "unless the
records are otherwise classified as public" from the end; made a
punctuation change in Subsection (16); substituted "requested to
be" for "designated as" in  Subsection (19); substituted "Risk
Management Fund" for "Division of Risk Management" in Subsection
(23); and substituted "government" for "governmental"  and the
language beginning "managed as protected records" for "given a
protected status" in Subsection (30).    This section is set out as
reconciled by the Office of Legislative Research and General
Counsel.   COMPILER'S NOTES. --Laws 1992, ch. 280, @ 64, effective
July 1, 1992, makes the  amendment by L. 1992, ch. 228 effective on
July 1, 1992, instead of April 1, 1992, the effective date
specified in ch. 228.   EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76
makes the act effective on April 1,  1992.    Laws 1992, ch. 280,
@ 63, effective July 1, 1992, amends L. 1991, ch. 259, @  76 to
make that act effective July 1, 1992.                         Utah

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-305 (1993)

@ 63-2-305.  Procedure to determine classification

   (1) If more than one provision of this chapter could govern the
classification of a record, the governmental entity shall classify
the record by considering the nature of the interests intended to
be protected and the specificity of the competing provisions.

(2) Nothing in Subsection 63-2-302(2), Section 63-2-303, or
63-2-304 requires a governmental entity to classify a record as
private, controlled, or protected.

HISTORY: C. 1953, 63-2-305, enacted by L. 1991, ch. 259, @ 22;
1992, ch. 280, @  29.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, substituted "chapter could govern" for "chapter appear to
govern" in Subsection (1) and, in  Subsection (2), substituted
"Subsection 63-2-302(2), Section 63-2-303" for "Section 63-2-302,
63-2-303" and "controlled" for "confidential."   EFFECTIVE DATES.
--Laws 1991, ch. 259, @ 76 makes the act effective on April 1,
1992.    Laws 1992, ch. 280, @ 63, effective July 1, 1992, amends
L. 1991, ch. 259, @  76 to make that act effective July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-306 (1993)

@ 63-2-306.  Duty to evaluate records and make designations and
classifications

   (1) A governmental entity shall:

      (a) evaluate all record series that it uses or creates;

(b) designate those record series as provided by this chapter; and

      (c) report the designations of its record series to the state
archives.

   (2) A governmental entity may classify a particular record,
record series, or information within a record at any time, but is
not required to classify a particular record, record series, or
information until access to the record is requested.

   (3) A governmental entity may redesignate a record series or
reclassify a record or record series, or information within a
record at any time.

HISTORY: C. 1953, 63-2-306, enacted by L. 1991, ch. 259, @ 23;
1992, ch. 280, @  30.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, rewrote the section to such an extent that a detailed
analysis is impracticable.   EFFECTIVE DATES. --Laws 1991, ch. 259,
@ 76 makes the act effective on April 1,  1992.    Laws 1992, ch.
280, @ 63, effective July 1, 1992, amends L. 1991, ch. 259,

@ 76 to make that act effective July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-307 (1993)

@ 63-2-307.  Segregation of records

   Notwithstanding any other provision in this chapter, if a
governmental entity receives a request for access to a record that
contains both information that the requester is entitled to inspect
and information that the requester is not entitled to inspect under
this chapter, and, if the information the requester is entitled to
inspect is intelligible, the governmental entity:

(1) shall allow access to information in the record that the
requester is  entitled to inspect under this chapter; and

      (2) may deny access to information in the record if the
information is exempt from disclosure to the requester, issuing a
notice of denial as provided  in Section 63-2-205.

HISTORY: C. 1953, 63-2-307, enacted by L. 1991, ch. 259, @ 24;
1992, ch. 280, @  31.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, substituted the language beginning "record that contains both
information" and ending "is entitled to inspect is" for "record in
a record series that is classified as private, confidential, or
protected, and the record contains information that standing alone
would be public and" in the introductory language; in Subsection
(1), deleted "public" before "information" and inserted "that the
requester is entitled to inspect under this chapter"; and inserted
"to the requester" in Subsection (2).   EFFECTIVE DATES. --Laws
1991, ch. 259, @ 76 makes the act effective on April 1,  1992.

Laws 1992, ch. 280, @ 63, effective July 1, 1992, amends L. 1991,
ch. 259, @  76 to make that act effective July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-308 (1993)

@ 63-2-308.  Business confidentiality claims

   (1)(a) Any person who provides to a governmental entity a record
that he believes should be protected under Subsection 63-2-304(1)
or (2) shall provide with the record a written claim of business
confidentiality and a concise statement of reasons supporting the
claim of business confidentiality.

(b) The claimant shall be notified by the governmental entity if a
record  claimed to be protected under Subsection 63-2-304(1) or (2)
is classified public or if the governmental entity determines that
the record should be released after balancing interests under
Subsection 63-2-201(5)(b) or Subsection 63-2-401(6).

   (2) Except as provided by court order, the governmental entity
may not disclose records claimed to be protected under Subsection
63-2-304(1) or (2) but which it determines should be classified
public until the period in which to bring an appeal expires or the
end of the appeals process, including judicial appeal. This
subsection does not apply where the claimant, after notice, has
waived the claim by not appealing or intervening before the records
committee.

   (3) Disclosure or acquisition of information under this chapter
does not constitute misappropriation under Subsection 13-24-2(2).

HISTORY: C. 1953, 63-2-308, enacted by L. 1991, ch. 259, @ 25;
1992, ch. 280, @  32.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, in Subsection (1)(b), substituted the language beginning "is
classified public" and ending

"Subsection 63-2-401(6)" for "is not classified protected or if a
requester appeals denial of access to the record" and deleted the
former second sentence,  which read "The claimant shall then be
allowed to provide further support for the claim of business
confidentiality"; and, in Subsection (2), added "Except as provided
by court order" at the beginning and added the last sentence.
EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76 makes the act effective
on April 1,  1992.    Laws 1992, ch. 280, @ 63, effective July 1,
1992, amends L. 1991, ch. 259, @  76 to make that act effective
July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-401 (1993)

@ 63-2-401.  Appeal to head of governmental entity

   (1)(a) Any person aggrieved by a governmental entity's access
determination under this chapter, including a person not a party to
the governmental entity's  proceeding, may appeal the determination
within 30 days to the chief administrative officer of the
governmental entity by filing a notice of appeal.

(b) If a governmental entity claims extraordinary circumstances and
specifies the date when the records will be available under
Subsection 63-2-204(3), and, if the requester believes the
extraordinary circumstances do not exist or that the time specified
is unreasonable, the requester may appeal the governmental entity's
claim of extraordinary circumstances or date for compliance within
30 days after notification of a claim of extraordinary
circumstances by the governmental entity, despite the lack of a
"determination"  or its equivalent under Subsection 63-2-204(7).

   (2) The notice of appeal shall contain the following
information:

      (a) the petitioner's name, mailing address, and daytime
telephone number;  and

      (b) the relief sought.

   (3) The petitioner may file a short statement of facts, reasons,
and legal authority in support of the appeal.

   (4)(a) If the appeal involves a record that is the subject of a
business confidentiality claim under Section 63-2-308, the chief
administrative officer shall:

(i) send notice of the requester's appeal to the business
confidentiality claimant within three business days after receiving
notice, except that if notice under this section must be given to
more than 35 persons,  it shall be given as soon as reasonably
possible; and

         (ii) send notice of the business confidentiality claim and
the schedule for the chief administrative officer's determination
to the requester within three business days after receiving notice
of the requester's appeal.

      (b) The claimant shall have seven business days after notice
is sent by the administrative officer to submit further support for
the claim of business confidentiality.

   (5)(a) The chief administrative officer shall make a
determination on the appeal within the following period of time:

         (i) within five business days after the chief
administrative officer's  receipt of the notice of appeal; or

         (ii) within twelve business days after the governmental
entity sends the requester's notice of appeal to a person who
submitted a claim of business confidentiality.

(b) If the chief administrative officer fails to make a
determination within the time specified in Subsection (5)(a), the
failure shall be considered  the equivalent of an order denying the
appeal.

      (c) The provisions of this section notwithstanding, the
parties participating in the proceeding may, by agreement, extend
the time periods specified in this section.

   (6) The chief administrative officer may, upon consideration and
weighing of  the various interests and public policies pertinent to
the classification and disclosure or nondisclosure, order the
disclosure of information properly classified as private under
Section 63-2-302(2) or protected under Section 63-2-304 if the
interests favoring access outweigh the interests favoring
restriction of access.

   (7) The governmental entity shall send written notice of the
determination of the chief administrative officer to all
participants. If the chief administrative officer affirms the
denial in whole or in part, the denial shall  include a statement
that the requester has the right to appeal the denial to either the
records committee or district court, the time limits for filing an
appeal, and the name and business address of the executive
secretary of the records committee.

(8) A person aggrieved by a governmental entity's classification or
designation determination under this chapter, but who is not
requesting access to the records, may appeal that determination
using the procedures provided in this section. If a nonrequester is
the only appellant, the procedures provided in this section shall
apply, except that the determination on the appeal shall be made
within 30 days after receiving the notice of appeal.

   (9) The duties of the chief administrative officer under this
section may be  delegated.

HISTORY: C. 1953, 63-2-401, enacted by L. 1991, ch. 259, @ 26;
1992, ch. 280, @  33.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, redesignated former Subsection (1) as present Subsection
(1)(a), inserted "access" therein, and added Subsection (1)(b);
deleted former Subsections (4) through (6), providing that the
chief administrative officer inform the claimant of business
confidentiality of the appeal, make a determination on the appeal
within five business days and, if the denial is affirmed, send the
requester a written statement that the requester may make further
appeals; and added present Subsections (4) through (9).

EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76 makes the act effective
on April 1,  1992.    Laws 1992, ch. 280, @ 63, effective July 1,
1992, amends L. 1991, ch. 259, @  76 to make that act effective
July 1, 1992.

NOTES APPLICABLE TO ENTIRE CHAPTER   REVISION OF CHAPTER.Laws 1991,
ch. 259 revised this chapter by repealing @@ 63-2-59 through
63-2-71, 63-2-73, 63-2-75 through 63-2-80, 63-2-84, and 63-2-85.1
through 63-2-89, as enacted by L. 1969, ch. 212, @@ 7, 9, 15, and
21;  1979, ch. 223, @ 9; 1984, ch. 67, @ 34; and 1985, ch. 86, @
11, and as last amended by L. 1981, ch. 257, @@ 6 and 7; 1985, ch.
86, @@ 1 to 10, 12 to 17, and 20 to 22; and 1987, ch. 92, @@ 110
and 111, relating to archives and records, and enacting @@ 63-2-101
through 63-2-909, effective April 1, 1992.Laws 1992, ch. 280, @ 63,
effective July 1, 1992, amends L. 1991, ch. 259, @ 76 to make that
act effective July 1, 1992.Sections 63-2-1 to 63-2-58, relating to
the former Department of Finance, were repealed by L. 1963, ch.
148, @ 2; L. 1965, ch. 131, @ 17; L. 1969, ch. 207, @ 14; L. 1969,
ch. 212, @ 31; L. 1972, ch. 23,  @ 3; L. 1974, ch. 27, @ 39; L.
1977, ch. 249, @ 8; L. 1979, ch. 227, @ 11; L. 1980, ch. 75, @ 5;
and L. 1981, ch. 257, @ 13. For present provisions relating to the
Division of Finance, see @ 63-1-12 et seq.


                        Utah Code Ann. @ 63-2-402 (1993)

@ 63-2-402.  Option for appealing a denial

   (1) If the chief administrative officer of a governmental entity
denies a records request under Section 63-2-401, the requester may:

      (a) appeal the denial to the records committee as provided in
Section 63-2-403; or

(b) petition for judicial review in district court as provided in
Section  63-2-404.

   (2) Any person aggrieved by a determination of the chief
administrative officer of a governmental entity under this chapter,
including persons who did not participate in the governmental
entity's proceeding, may appeal the determination to the records
committee as provided in Section 63-2-403.
HISTORY: C. 1953, 63-2-402, enacted by L. 1991, ch. 259, @ 27;
1992, ch. 280, @  34.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, in Subsection (2), substituted "chief administrative officer"
for "head" and "persons who did  not participate in" for "persons
not a party to."   EFFECTIVE DATES. --Laws 1991, ch. 259, @ 76
makes the act effective on April 1,  1992.    Laws 1992, ch. 280,
@ 63, effective July 1, 1992, amends L. 1991, ch. 259, @  76 to
make that act effective July 1, 1992.                         Utah

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-403 (1993)

@ 63-2-403.  Appeals to the records committee

   (1) A petitioner, including an aggrieved person who did not
participate in the appeal to the governmental entity's chief
administrative officer, may appeal to the records committee by
filing a notice of appeal with the executive secretary no later

(a) 30 days after the chief administrative officer of the
governmental entity has granted or denied the records request in
whole or in part, including  a denial under Subsection 63-2-204(7);

      (b) 45 days after the original request for records if:

         (i) the circumstances described in Subsection
63-2-401(1)(b) occur; and

         (ii) the chief administrative officer failed to make a
determination under Section 63-2-401.

   (2) The notice of appeal shall contain the following
information:

      (a) the petitioner's name, mailing address, and daytime
telephone number;

      (b) a copy of any denial of the records request; and

      (c) the relief sought.

   (3) The petitioner may file a short statement of facts, reasons,
and legal authority in support of the appeal.

(4) No later than three business days after receiving a notice of
appeal, the executive secretary of the records committee shall:

      (a) schedule a hearing for the records committee to discuss
the appeal which shall be held no sooner than 15 days and no later
than 30 days from the date of the filing of the appeal;

      (b) send a copy of the notice of hearing to the petitioner;
and

      (c) send a copy of the notice of appeal, supporting
statement, and a notice of hearing to:

         (i) each member of the records committee;

         (ii) the records officer and the chief administrative
officer of the governmental entity from which the appeal
originated;

         (iii) any person who made a business confidentiality claim
under Section 63-2-308 for a record that is the subject of the
appeal; and

         (iv) all persons who participated in the proceedings
before the governmental entity's chief administrative officer.

(5) No later than ten business days after receiving the notice of
appeal, the governmental entity may submit to the executive
secretary of the records committee a written statement of facts,
reasons, and legal authority in support  of its position. The
governmental entity shall send a copy of the written statement to
the petitioner by first class mail, postage prepaid. The executive
secretary shall forward a copy of the written statement to each
member of the records committee.

   (6) No later than ten business days after the notice of appeal
is sent by the executive secretary, a person whose legal interests
may be substantially affected by the proceeding may file a request
for intervention before the records committee. Any written
statement of facts, reasons, and legal authority  in support of the
intervener's position shall be filed with the request for
intervention. The person seeking intervention shall provide copies
of the statement to all parties to the proceedings before the
records committee.

   (7) The records committee shall hold a hearing no sooner than 15
days and no  later than 30 days after receiving the notice of
appeal.

   (8) At the hearing, the records committee shall allow the
parties to testify, present evidence, and comment on the issues.
The records committee may allow other interested persons to comment
on the issues.

(9)(a) The records committee may review the disputed records. The
review shall be in camera.

      (b) Members of the records committee may not disclose any
information or record reviewed by the committee in camera unless
the disclosure is otherwise authorized by this chapter.

   (10)(a) Discovery is prohibited, but the records committee may
issue subpoenas or other orders to compel production of necessary
evidence.

      (b) The records committee's review shall be de novo.

   (11)(a) No later than three business days after the hearing, the
records committee shall issue a signed order either granting the
petition in whole or in part or upholding the determination of the
governmental entity in whole or in part.

      (b) The records committee may, upon consideration and
weighing of the various interests and public policies pertinent to
the classification and disclosure or nondisclosure, order the
disclosure of information properly classified as private,
controlled, or protected if the public interest favoring  access
outweighs the interest favoring restriction of access.

(c) In making a determination under Subsection (b), the records
committee  shall consider and, where appropriate, limit the
requester's use and further disclosure of the record in order to
protect privacy interests in the case of private or controlled
records, business confidentiality interests in the case of records
protected under Subsections 63-2-304(1) and (2), and privacy
interests or the public interest in the case of other protected
records.

   (12) The order of the records committee shall include:

      (a) a statement of reasons for the decision, including
citations to this chapter, court rule or order, another state
statute, federal statute, or federal regulation that governs
disclosure of the record, provided that the citations do not
disclose private, controlled, or protected information;

      (b) a description of the record or portions of the record to
which access  was ordered or denied, provided that the description
does not disclose private,  controlled, or protected information or
information exempt from disclosure under Subsection 63-2-201(3)(b);

      (c) a statement that any party to the proceeding before the
records committee may appeal the records committee's decision to
district court; and

(d) a brief summary of the appeals process, the time limits for
filing an  appeal, and a notice that in order to protect its rights
on appeal, the party may wish to seek advice from an attorney.

   (13) If the records committee fails to issue a decision within
35 days of the filing of the notice of appeal, that failure shall
be considered the equivalent  of an order denying the appeal. The
petitioner shall notify the records committee in writing if he
considers the appeal denied.

HISTORY: C. 1953, 63-2-403, enacted by L. 1991, ch. 259, @ 28;
1992, ch. 280, @  35.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, inserted the language beginning "including an aggrieved
person" and ending "chief administrative officer" in Subsection
(1); rewrote Subsections (1)(a) and (b); added present Subsection
(2)(b), redesignating former Subsection (2)(b) as present
Subsection (2)(c) and making a related change; substituted "three
business days" for "five days" near the beginning of Subsection
(4); substituted "no sooner than 15 days and no later than 30 days"
for "within 30 days" in Subsection (4)(a); substituted "send" for
"forward" near the beginning of Subsection (4)(c); rewrote
Subsection (4)(c)(iii); added Subsection

(4)(c)(iv), making related changes; deleted former Subsection (6),
relating to intervention in the record committee's proceeding and
allowing claimants of business confidentiality to provide reasons
for its claim in the case of protected records; added present
Subsection (6); substituted "no sooner than 15  days and no later
than 30 days after" for "within 30 days of" in Subsection (7);
divided Subsection (9)(a) into two sentences, adding "The review
shall be" to the beginning of the second sentence; substituted
"controlled" for "confidential" in Subsections (11)(b) and (12)(a)
and (b); substituted the language beginning "favoring access" for
"in access outweighs a person's or governmental entity's interests
in restricting access" in Subsection (11)(b); added Subsection
(11)(c); inserted "court rule or order" in Subsection (12)(a);  and
added "or information exempt from disclosure under Subsection
63-2-201(3)(b)" to the end of Subsection (12)(b).   EFFECTIVE
DATES. --Laws 1991, ch. 259, @ 76 makes the act effective on April
1,  1992.    Laws 1992, ch. 280, @ 63, effective July 1, 1992,
amends L. 1991, ch. 259, @  76 to make that act effective July 1,
1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-404 (1993)

@ 63-2-404.  Judicial review

   (1) Any party to a proceeding before the records committee may
petition for judicial review by the district court of the records
committee's order. The petition shall be filed no later than 30
days after the date of the records committee's order.

(2)(a) A requester may petition for judicial review by the district
court of  a governmental entity's determination as specified in
Subsection 63-2-402(1)(b).

      (b) The requester shall file a petition no later than:

         (i) 30 days after the governmental entity has responded to
the records  request by either providing the requested records or
denying the request in whole or in part;

         (ii) 35 days after the original request if the
governmental entity failed to respond to the request; or

         (iii) 45 days after the original request for records if:

            (A) the circumstances described in Subsection
63-2-401(1)(b) occur;  and

            (B) the chief administrative officer failed to make a
determination  under Section 63-2-401.

   (3) The petition for judicial review shall be a complaint
governed by the Utah Rules of Civil Procedure and shall contain:

(a) the petitioner's name and mailing address;

      (b) a copy of the records committee order from which the
appeal is taken,  if the petitioner brought a prior appeal to the
records committee;

      (c) the name and mailing address of the governmental entity
that issued the initial determination with a copy of that
determination;

      (d) a request for relief specifying the type and extent of
relief requested; and

      (e) a statement of the reasons why the petitioner is entitled
to relief.

   (4) If the appeal is based on the denial of access to a
protected record, the court shall allow the claimant of business
confidentiality to provide to the court the reasons for the claim
of business confidentiality.

   (5) All additional pleadings and proceedings in the district
court are governed by the Utah Rules of Civil Procedure.

   (6) The district court may review the disputed records. The
review shall be in camera.

(7) The court shall:

      (a) make its decision de novo, but allow introduction of
evidence presented to the records committee;

      (b) determine all questions of fact and law without a jury;
and
      (c) decide the issue at the earliest practical opportunity.

   (8)(a) The court may, upon consideration and weighing of the
various interests and public policies pertinent to the
classification and disclosure or  nondisclosure, order the
disclosure of information properly classified as private,
controlled, or protected if the interest favoring access outweighs
the  interest favoring restriction of access.

      (b) The court shall consider and, where appropriate, limit
the requester's use and further disclosure of the record in order
to protect privacy interests in the case of private or controlled
records, business confidentiality interests in the case of records
protected under Subsections 63-2-304(1) and (2), and privacy
interests or the public interest in the case of other protected

HISTORY: C. 1953, 63-2-404, enacted by L. 1991, ch. 259, @ 29;
1992, ch. 280, @  36.

 NOTES: AMENDMENT NOTES. --The 1992 amendment, effective July 1,
1992, changed the designations in Subsection (2), adding Subsection
(2)(b)(iii) and making related changes; divided Subsection (6) into
two sentences, adding "The review shall be" to the beginning of the
second sentence; designated former Subsection (8) as Subsection
(8)(a), adding Subsection (8)(b); and substituted the language
beginning "controlled, or protected if the interest" for
"confidential, or protected if the public interest in access
outweighs a person's or governmental  entity's interests in
restricting access" in Subsection (8)(a).   EFFECTIVE DATES. --Laws
1991, ch. 259, @ 76 makes the act effective on April 1,  1992.
Laws 1992, ch. 280, @ 63, effective July 1, 1992, amends L. 1991,
ch. 259, @  76 to make that act effective July 1, 1992.

USER NOTE: For more generally applicable notes, see notes under the
first section of this article, part, chapter, subtitle, or title.


                        Utah Code Ann. @ 63-2-405 (1993)

@ 63-2-405.  Confidential treatment of records for which no
exemption applies

   (1) A court may, on appeal or in a declaratory or other action,
order the confidential treatment of records for which no exemption
from disclosure applies if: