Utah Code 17-21-12.5. Redacting personal information
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(1) As used in this section, “personal information” means:
Terms Used In Utah Code 17-21-12.5
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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.
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) a signature;(1)(b) the first five digits of a social security number; or(1)(c) the month and day of the month of a birth date.
(2)
(2)(a) An individual may request, in accordance with Subsection (3), to have the county recorder create a redacted version of a previously recorded instrument.
(2)(b) The redacted version of a previously recorded instrument will, in accordance with this section, reflect redactions of the individual’s personal information.
(3) A request under Subsection (2)(a) shall:
(3)(a) be in writing;
(3)(b) include payment of the fee under Subsection (6); and
(3)(c) identify the location of the personal information in the county recorder’s records by:
(3)(c)(i) entry number and page number; or
(3)(c)(ii) book and page number.
(4) If an individual makes a request in accordance with Subsection (3), the county recorder shall:
(4)(a) create a copy of the originally recorded instrument of record for the purpose of creating a redacted version of the originally recorded instrument;
(4)(b) on the copy of the originally recorded instrument created under Subsection (4)(a):
(4)(b)(i) redact the personal information, ensuring that the originally recorded instrument is not altered or changed;
(4)(b)(ii) indicate:
(4)(b)(ii)(A) the date and time that the redaction occurred; and
(4)(b)(ii)(B) that the originally recorded instrument remains on file with the county recorder’s office; and
(4)(c) make the redacted copy of the originally recorded instrument accessible and available for inspection.
(5) The county recorder shall produce or provide access to the originally recorded instrument of record if:
(5)(a) the individual requesting a copy of the originally recorded instrument is:
(5)(a)(i) the individual whose personal information was redacted on the copy of the originally recorded instrument;
(5)(a)(ii) if the instrument is a trust deed, a beneficiary of the trust deed;
(5)(a)(iii) acting on behalf of a title company that has a valid business license issued by the state or a political subdivision of the state; or
(5)(a)(iv) an attorney that has a valid license from the Utah State Bar;
(5)(b) the county recorder is responding to a valid subpoena;
(5)(c) the county recorder is responding to a valid request under Title 63G, Chapter 2, Government Records Access and Management Act; or
(5)(d) a court of competent jurisdiction orders the county recorder to produce the originally recorded instrument.
(6) The county recorder may charge a fee, in accordance with Section 17-21-18.5, for costs related to redacting personal information.