Utah Code 63G-26-103. Protection of personal information
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(1) Except as provided in Subsections (2), (3), and (4), a public agency may not:
Terms Used In Utah Code 63G-26-103
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Donor: The person who makes a gift.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Nonprofit entity: means an entity exempt from federal income tax under Section 501(c), Internal Revenue Code, or that has submitted an application with the Internal Revenue Service for recognition of an exemption under Section 501(c), Internal Revenue Code. See Utah Code 63G-26-102
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Personal information: means a record or other compilation of data that identifies a person as a donor to a nonprofit entity. See Utah Code 63G-26-102
- Public agency: means a state or local government entity, including:
(3)(a) a department, division, agency, office, commission, board, or other government organization;(3)(b) a political subdivision, including a county, city, town, special district, or special service district;(3)(c) a public school, school district, charter school, or public higher education institution; or(3)(d) a judicial or quasi-judicial body. See Utah Code 63G-26-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(1)(a) require an individual who is a donor to a nonprofit entity to provide the public agency with personal information or otherwise compel the release of personal information;(1)(b) require a nonprofit entity to provide the public agency with personal information or compel the nonprofit entity to release personal information;(1)(c) release, publicize, or otherwise publicly disclose personal information in possession of a public agency; or(1)(d) request or require a current or prospective contractor or grantee of the public agency to provide the public agency with a list of nonprofit entities to which the current or prospective contractor or grantee has provided financial or nonfinancial support.(2) Subsection (1) does not apply to:(2)(a) a disclosure of personal information required under Title 20A, Election Code, or Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act;(2)(b) the release of personal information by a public agency if the information is voluntarily released to the public by the individual or nonprofit entity to which the personal information relates, including:(2)(b)(i) as part of public comment or in a public meeting; or(2)(b)(ii) in another manner that is publicly accessible;(2)(c) a disclosure of personal information pursuant to a lawful warrant or court order issued by a court with jurisdiction;(2)(d) a lawful request for discovery of personal information in litigation or a criminal proceeding if the court with jurisdiction:(2)(d)(i) finds that the requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and(2)(d)(ii) issues a protective order barring disclosure of personal information to a person not named in the litigation;(2)(e) admission of personal information as relevant evidence before a court with jurisdiction, except that a court may not publicly reveal personal information absent a specific finding of good cause;(2)(f) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit Corporations Act;(2)(g) disclosure of personal information to the Department of Financial Institutions to conduct regulatory oversight of federally insured depositories to comply with the requirements of statute, rule, or regulation;(2)(h) disclosure of personal information to the Insurance Department to conduct regulatory oversight of persons licensed under Title 31A, Insurance Code, to comply with the requirements of statute, rule, or regulation; or(2)(i) disclosure of personal information that is required, requested, or released by the following divisions of the Department of Commerce, provided that each division may only use personal information in connection with the specific request to which the personal information relates and for a related proceeding:(2)(i)(i) by the Division of Consumer Protection in accordance with the Division of Consumer Protection’s administration and enforcement of a chapter described in Section13-2-1 ;(2)(i)(ii) by the Division of Corporations and Commercial Code in accordance with the Division of Corporations and Commercial Code’s authority under Title 13, Chapter 1a, Division of Corporations and Commercial Code, and in the course of the Division of Corporations and Commercial Code’s administration of:(2)(i)(ii)(A) Title 3, Uniform Agricultural Cooperative Association Act;(2)(i)(ii)(B) Title 16, Corporations;(2)(i)(ii)(C) Title 42, Chapter 2, Conducting Business Under Assumed Name;(2)(i)(ii)(D) Title 48, Unincorporated Business Entity Act;(2)(i)(ii)(E) Title 70, Chapter 3a, Registration and Protection of Trademarks and Service Marks Act; and(2)(i)(ii)(F) Title 70A, Chapter 9a, Uniform Commercial Code – Secured Transactions; and(2)(i)(iii) by the Division of Securities to conduct regulatory oversight of persons regulated under Title 61, Chapter 1, Utah Uniform Securities Act, to comply with the requirements of statute, rule, or regulation.(3) Subsections (1)(a), (b), and (d) do not apply to:(3)(a) the request or use of personal information necessary to the State Tax Commission’s administration of tax or motor vehicle laws, except that the State Tax Commission may only use personal information in connection with the administration of tax or motor vehicle laws or for a related proceeding; or(3)(b) access to personal information by the Office of the Legislative Auditor General to conduct an audit authorized under Utah Constitution, Article VI, Section 33, and Section36-12-15 , or the state auditor’s office to conduct an audit authorized under Title 67, Chapter 3, Auditor, except the legislative auditor general or state auditor may only use the personal information in connection with the specific audit to which the request relates.(4) Subsection (1) does not apply to disclosure of a contributor to a sponsoring organization, as those terms are defined in Section41-1a-1601 .