Utah Code 63G-2-309. Confidentiality claims
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Terms Used In Utah Code 63G-2-309
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Governmental entity: means :(11)(a)(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 and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives;(11)(a)(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;(11)(a)(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;(11)(a)(iv) any state-funded institution of higher education or public education; or(11)(a)(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
63G-2-701 , this chapter shall apply to the political subdivision to the extent specified in Section63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103- Person: means :
(17)(a) an individual;(17)(b) a nonprofit or profit corporation;(17)(c) a partnership;(17)(d) a sole proprietorship;(17)(e) other type of business organization; or(17)(f) any combination acting in concert with one another. See Utah Code 63G-2-103- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Protected record: means a record that is classified protected as provided by Section
63G-2-305 . See Utah Code 63G-2-103- Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics:
(25)(a)(i) that is prepared, owned, received, or retained by a governmental entity or political subdivision; and(25)(a)(ii) where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. See Utah Code 63G-2-103- 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
- State Records Committee: means the State Records Committee created in Section
63G-2-501 . See Utah Code 63G-2-103(1)(a)(1)(a)(i) Any person who provides to a governmental entity a record that the person believes should be protected under Subsection 63G-2-305(1) or (2) or both Subsections 63G-2-305(1) and (2) shall provide with the record:(1)(a)(i)(A) a written claim of business confidentiality; and(1)(a)(i)(B) a concise statement of reasons supporting the claim of business confidentiality.(1)(a)(ii) Any of the following who provides to an institution within the state system of higher education defined in Section 53B-1-102 a record that the person or governmental entity believes should be protected under Subsection 63G-2-305(40)(a)(ii) or (vi) or both Subsections 63G-2-305(40)(a)(ii) and (vi) shall provide the institution within the state system of higher education a written claim of business confidentiality in accordance with Section 53B-16-304:(1)(a)(ii)(A) a person;(1)(a)(ii)(B) a federal governmental entity;(1)(a)(ii)(C) a state governmental entity; or(1)(a)(ii)(D) a local governmental entity.(1)(b) A person or governmental entity who complies with this Subsection (1) shall be notified by the governmental entity to whom the request for a record is made if:(1)(b)(i) a record claimed to be protected under one of the following is classified public:(1)(b)(i)(A) Subsection 63G-2-305(1);(1)(b)(i)(B) Subsection 63G-2-305(2);(1)(b)(i)(C) Subsection 63G-2-305(40)(a)(ii);(1)(b)(i)(D) Subsection 63G-2-305(40)(a)(vi); or(1)(b)(i)(E) a combination of the provisions described in Subsections (1)(b)(i)(A) through (D); or(1)(b)(ii) the governmental entity to whom the request for a record is made determines that the record claimed to be protected under a provision listed in Subsection (1)(b)(i) should be released after balancing interests under Subsection 63G-2-201(5)(b) or 63G-2-401(6).(1)(c) A person who makes a claim of business confidentiality under this Subsection (1) shall protect, defend, and indemnify the governmental entity that retains the record, and all staff and employees of the governmental entity from and against any claims, liability, or damages resulting from or arising from a denial of access to the record as a protected record based on the claim of business confidentiality.(2)(2)(a) Except as provided in Subsection (2)(b) or by court order, the governmental entity to whom the request for a record is made may not disclose a record claimed to be protected under a provision listed in Subsection (1)(b)(i) but which the governmental entity or State Records Committee determines should be disclosed until the period in which to bring an appeal expires or the end of the appeals process, including judicial appeal.(2)(b) Subsection (2)(a) does not apply where the claimant, after notice, has waived the claim by not appealing or intervening before the State Records Committee.(3) Disclosure or acquisition of information under this chapter does not constitute misappropriation under Subsection 13-24-2(2). - Person: means :