Utah Code 63G-2-302. Private records

(1) The following records are private:

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Terms Used In Utah Code 63G-2-302

Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Elected official: means each person elected to a state office, county office, municipal office, school board or school district office, special district office, or special service district office, but does not include judges. See Utah Code 63G-2-103
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.
Fiduciary: A trustee, executor, or administrator.
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 Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103
Individual: means a human being. See Utah Code 63G-2-103
Oversight: Committee review of the activities of a Federal agency or program.
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
Personal identifying information: means the same as that term is defined in Section Utah Code 63G-2-103
Private record: means a record containing data on individuals that is private as provided by Section 63G-2-302. See Utah Code 63G-2-103
Property: includes both real and personal property. See Utah Code 68-3-12.5
Public record: means a record that is not private, controlled, or protected and that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b). 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
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. 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
Statute: A law passed by a legislature.
Summary data: means statistical records and compilations that contain data derived from private, controlled, or protected information but that do not disclose private, controlled, or protected information. See Utah Code 63G-2-103
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
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) records concerning an individual‘s eligibility for unemployment insurance benefits, social services, welfare benefits, or the determination of benefit levels;

(1)(b) records containing data on individuals describing medical history, diagnosis, condition, treatment, evaluation, or similar medical data;

(1)(c) records of publicly funded libraries that when examined alone or with other records identify a patron;

(1)(d) records received by or generated by or for:

(1)(d)(i) the Independent Legislative Ethics Commission, except for:

(1)(d)(i)(A) the commission’s summary data report that is required under legislative rule; and

(1)(d)(i)(B) any other document that is classified as public under legislative rule; or

(1)(d)(ii) a Senate or House Ethics Committee in relation to the review of ethics complaints, unless the record is classified as public under legislative rule;

(1)(e) records received by, or generated by or for, the Independent Executive Branch Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review of Executive Branch Ethics Complaints;

(1)(f) records received or generated for a Senate confirmation committee concerning character, professional competence, or physical or mental health of an individual:

(1)(f)(i) if, prior to the meeting, the chair of the committee determines release of the records:

(1)(f)(i)(A) reasonably could be expected to interfere with the investigation undertaken by the committee; or

(1)(f)(i)(B) would create a danger of depriving a person of a right to a fair proceeding or impartial hearing; and

(1)(f)(ii) after the meeting, if the meeting was closed to the public;

(1)(g) employment records concerning a current or former employee of, or applicant for employment with, a governmental entity that would disclose that individual’s home address, home telephone number, social security number, insurance coverage, marital status, or payroll deductions;

(1)(h) records or parts of records under Section 63G-2-303 that a current or former employee identifies as private according to the requirements of that section;

(1)(i) that part of a record indicating a person’s social security number or federal employer identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202, 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;

(1)(j) that part of a voter registration record identifying a voter’s:

(1)(j)(i) driver license or identification card number;

(1)(j)(ii) social security number, or last four digits of the social security number;

(1)(j)(iii) email address;

(1)(j)(iv) date of birth; or

(1)(j)(v) phone number;

(1)(k) a voter registration record that is classified as a private record by the lieutenant governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or 20A-2-204(4)(b);

(1)(l) a voter registration record that is withheld under Subsection 20A-2-104(7);

(1)(m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any verification submitted in support of the form;

(1)(n) a record that:

(1)(n)(i) contains information about an individual;

(1)(n)(ii) is voluntarily provided by the individual; and

(1)(n)(iii) goes into an electronic database that:

(1)(n)(iii)(A) is designated by and administered under the authority of the Chief Information Officer; and

(1)(n)(iii)(B) acts as a repository of information about the individual that can be electronically retrieved and used to facilitate the individual’s online interaction with a state agency;

(1)(o) information provided to the Commissioner of Insurance under:

(1)(o)(i) Subsection 31A-23a-115(3)(a);

(1)(o)(ii) Subsection 31A-23a-302(4); or

(1)(o)(iii) Subsection 31A-26-210(4);

(1)(p) information obtained through a criminal background check under Title 11, Chapter 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;

(1)(q) information provided by an offender that is:

(1)(q)(i) required by the registration requirements of Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry; and

(1)(q)(ii) not required to be made available to the public under Subsection 77-41-110(4);

(1)(r) a statement and any supporting documentation filed with the attorney general in accordance with Section 34-45-107, if the federal law or action supporting the filing involves homeland security;

(1)(s) electronic toll collection customer account information received or collected under Section 72-6-118 and customer information described in Section 17B-2a-815 received or collected by a public transit district, including contact and payment information and customer travel data;

(1)(t) an email address provided by a military or overseas voter under Section 20A-16-501;

(1)(u) a completed military-overseas ballot that is electronically transmitted under Title 20A, Chapter 16, Uniform Military and Overseas Voters Act;

(1)(v) records received by or generated by or for the Political Subdivisions Ethics Review Commission established in Section 63A-15-201, except for:

(1)(v)(i) the commission’s summary data report that is required in Section 63A-15-202; and

(1)(v)(ii) any other document that is classified as public in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission;

(1)(w) a record described in Section 53G-9-604 that verifies that a parent was notified of an incident or threat;

(1)(x) a criminal background check or credit history report conducted in accordance with Section 63A-3-201;

(1)(y) a record described in Subsection 53-5a-104(7);

(1)(z) on a record maintained by a county for the purpose of administering property taxes, an individual’s:

(1)(z)(i) email address;

(1)(z)(ii) phone number; or

(1)(z)(iii) personal financial information related to a person’s payment method;

(1)(aa) a record submitted by a taxpayer to establish the taxpayer’s eligibility for an exemption, deferral, abatement, or relief under:

(1)(aa)(i) Title 59, Chapter 2, Part 11, Exemptions;

(1)(aa)(ii) Title 59, Chapter 2, Part 12, Property Tax Relief;

(1)(aa)(iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or

(1)(aa)(iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions;

(1)(bb) a record provided by the State Tax Commission in response to a request under Subsection 59-1-403(4)(y)(iii);

(1)(cc) a record of the Child Welfare Legislative Oversight Panel regarding an individual child welfare case, as described in Subsection 36-33-103(3); and

(1)(dd) a record relating to drug or alcohol testing of a state employee under Section 63A-17-1004;

(1)(ee) a record relating to a request by a state elected official or state employee who has been threatened to the Division of Technology Services to remove personal identifying information from the open web under Section 63A-16-109; and

(1)(ff) a record including confidential information as that term is defined in Section 67-27-105.

(2) The following records are private if properly classified by a governmental entity:

(2)(a) records concerning a current or former employee of, or applicant for employment with a governmental entity, including performance evaluations and personal status information such as race, religion, or disabilities, but not including records that are public under Subsection 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);

(2)(b) records describing an individual’s finances, except that the following are public:

(2)(b)(i) records described in Subsection 63G-2-301(2);

(2)(b)(ii) information provided to the governmental entity for the purpose of complying with a financial assurance requirement; or

(2)(b)(iii) records that must be disclosed in accordance with another statute;

(2)(c) records of independent state agencies if the disclosure of those records would conflict with the fiduciary obligations of the agency;

(2)(d) other records containing data on individuals the disclosure of which constitutes a clearly unwarranted invasion of personal privacy;

(2)(e) records provided by the United States or by a government entity outside the state that are given with the requirement that the records be managed as private records, if the providing entity states in writing that the record would not be subject to public disclosure if retained by it;

(2)(f) any portion of a record in the custody of the Division of Aging and Adult Services, created in Section 26B-6-102, that may disclose, or lead to the discovery of, the identity of a person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and

(2)(g) audio and video recordings created by a body-worn camera, as defined in Section 77-7a-103, that record sound or images inside a home or residence except for recordings that:

(2)(g)(i) depict the commission of an alleged crime;

(2)(g)(ii) record any encounter between a law enforcement officer and a person that results in death or bodily injury, or includes an instance when an officer fires a weapon;

(2)(g)(iii) record any encounter that is the subject of a complaint or a legal proceeding against a law enforcement officer or law enforcement agency;

(2)(g)(iv) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f); or

(2)(g)(v) have been requested for reclassification as a public record by a subject or authorized agent of a subject featured in the recording.

(3)

(3)(a) As used in this Subsection (3), “medical records” means medical reports, records, statements, history, diagnosis, condition, treatment, and evaluation.

(3)(b) Medical records in the possession of the University of Utah Hospital, its clinics, doctors, or affiliated entities are not private records or controlled records under Section 63G-2-304 when the records are sought:

(3)(b)(i) in connection with any legal or administrative proceeding in which the patient’s physical, mental, or emotional condition is an element of any claim or defense; or

(3)(b)(ii) after a patient’s death, in any legal or administrative proceeding in which any party relies upon the condition as an element of the claim or defense.

(3)(c) Medical records are subject to production in a legal or administrative proceeding according to state or federal statutes or rules of procedure and evidence as if the medical records were in the possession of a nongovernmental medical care provider.

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