Utah Code 63A-12-104. Rulemaking authority
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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
Terms Used In Utah Code 63A-12-104
- Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
- Department: means the Department of Government Operations. See Utah Code 63A-1-103
- Executive branch agency: includes a state agency, as defined in Subsection 67-1-17(1)(d). See Utah Code 63A-12-100.5
- Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103
- Personal identifying information: includes information identified as personal identifying information in accordance with the rules described in Section 63A-12-104. See Utah Code 63A-12-100.5
- Privacy annotation: means a summary, described in Subsection 63A-12-115(2) and rules made by the executive director under Subsection 63A-12-104(2), that, for each record series that an executive branch agency collects, maintains, or uses:(2)(d)(i) discloses whether the record series contains personal identifying information; and(2)(d)(ii) if the record series contains personal identifying information, includes the information described in Subsection 63A-12-115(2)(b). See Utah Code 63A-12-100.5
- Record: means :
(2)(e)(i) the same as that term is defined in Section 63G-2-103; or(2)(e)(ii) a video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a Children's Justice Center established under Section 67-5b-102, the release of which is governed by Section 77-37-4. See Utah Code 63A-12-100.5- 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
(1)(a) the state archivist may, for an executive branch agency, make rules establishing procedures for the collection, storage, designation, classification, access, mediation for records access, and management of records under this chapter and Title 63G, Chapter 2, Government Records Access and Management Act; and(1)(b) a department may make rules specifying at which level within the department the requirements described in this chapter will be undertaken.(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the executive director shall, in consultation with the state archivist and the chief privacy officer, make rules for an executive branch agency that establish:(2)(a) requirements for making an inventory of each record series that contains personal identifying information, including:(2)(a)(i) information collected as part of the inventory;(2)(a)(ii) regularly reviewing, updating, and maintaining the inventory; and(2)(a)(iii) reporting the inventory to the chief privacy officer;(2)(b) a list of information, categories of information, or types of information expressly designated as personal identifying information, in accordance with the criteria described in Subsections 63A-12-100.5(2)(c)(i) through (iii);(2)(c) criteria, variables, and principles for determining whether information in a record series, not expressly designated under Subsection (2)(b), is personal identifying information;(2)(d) a list and description of categories or types of personal identifying information that are collected, maintained, or used by executive branch agencies; and(2)(e) requirements for the form, content, format, review, and update of a privacy annotation.(3) The rules described in Subsection (2)(b) may incorporate, by reference, a data dictionary that a records officer appointed under Subsection 63A-12-103(2)(a) shall use in making the determination described in Subsection (2)(c). - Record: means :