Utah Code 63A-12-115. Privacy annotation for records series — Requirements — Content
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Terms Used In Utah Code 63A-12-115
- 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
- Executive branch agency: includes a state agency, as defined in Subsection 67-1-17(1)(d). See Utah Code 63A-12-100.5
- 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 archives: means the Division of Archives and Records Service. See Utah Code 63A-12-100.5
(1)(a) Before January 1, 2027, an executive branch agency shall, for each record series that the executive branch agency collects, maintains, or uses, evaluate the record series and make a privacy annotation that completely and accurately complies with Subsection (2) and the rules described in Subsection63A-12-104 (2)(e).(1)(b) Beginning on January 1, 2027, an executive branch agency may not collect, maintain, or use personal identifying information unless the record series for which the personal identifying information is collected, maintained, or used includes a privacy annotation that completely and accurately complies with Subsection (2) and the rules described in Subsection63A-12-104 (2)(e).(2) A privacy annotation shall include the following:(2)(a) if the record series does not include personal identifying information, a statement indicating that the record series does not include personal identifying information; or(2)(b) if the record series includes personal identifying information:(2)(b)(i) an inventory of the personal identifying information included in the record series; and(2)(b)(ii) for the personal identifying information described in Subsection (2)(b)(i):(2)(b)(ii)(A) the purpose for which the executive branch agency collects, keeps, or uses the personal identifying information;(2)(b)(ii)(B) a citation to the executive branch agency’s legal authority for collecting, keeping, or using the personal identifying information; and(2)(b)(ii)(C) any other information required by state archives by rule under Subsection63A-12-104 (2)(e). - Record: means :