State Codes and Statutes
Statutes > Utah > Title-63g > Chapter-02 > 63g-2-30263G-2-302. Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits,social services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis,condition, treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other recordsidentify a patron;
(d) records received by or generated by or for:
(i) the Independent Legislative Ethics Commission, except for:
(A) the commission's summary data report that is required under legislative rule; and
(B) any other document that is classified as public under legislative rule; or
(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;
(e) records received or generated for a Senate confirmation committee concerningcharacter, professional competence, or physical or mental health of an individual:
(i) if prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by thecommittee; or
(B) would create a danger of depriving a person of a right to a fair proceeding orimpartial hearing; and
(ii) after the meeting, if the meeting was closed to the public;
(f) employment records concerning a current or former employee of, or applicant foremployment with, a governmental entity that would disclose that individual's home address,home telephone number, Social Security number, insurance coverage, marital status, or payrolldeductions;
(g) records or parts of records under Section 63G-2-303 that a current or formeremployee identifies as private according to the requirements of that section;
(h) that part of a record indicating a person's Social Security number or federal employeridentification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,58-1-301, 61-1-4, or 61-2f-203;
(i) that part of a voter registration record identifying a voter's driver license oridentification card number, Social Security number, or last four digits of the Social Securitynumber;
(j) a record that:
(i) contains information about an individual;
(ii) is voluntarily provided by the individual; and
(iii) goes into an electronic database that:
(A) is designated by and administered under the authority of the Chief InformationOfficer; and
(B) acts as a repository of information about the individual that can be electronicallyretrieved and used to facilitate the individual's online interaction with a state agency;
(k) information provided to the Commissioner of Insurance under:
(i) Subsection 31A-23a-115(2)(a);
(ii) Subsection 31A-23a-302(3); or
(iii) Subsection 31A-26-210(3);
(l) information obtained through a criminal background check under Title 11, Chapter40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
(m) information provided by an offender that is:
(i) required by the registration requirements of Section 77-27-21.5; and
(ii) not required to be made available to the public under Subsection 77-27-21.5(27); and
(n) a statement and any supporting documentation filed with the attorney general inaccordance with Section 34-45-107, if the federal law or action supporting the filing involveshomeland security.
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employmentwith a governmental entity, including performance evaluations and personal status informationsuch as race, religion, or disabilities, but not including records that are public under Subsection63G-2-301(2)(b) or 63G-2-301(3)(o), or private under Subsection (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 63G-2-301(2);
(ii) information provided to the governmental entity for the purpose of complying with afinancial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would conflictwith the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes aclearly unwarranted invasion of personal privacy;
(e) records provided by the United States or by a government entity outside the state thatare given with the requirement that the records be managed as private records, if the providingentity states in writing that the record would not be subject to public disclosure if retained by it;and
(f) any portion of a record in the custody of the Division of Aging and Adult Services,created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of aperson who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult.
(3) (a) As used in this Subsection (3), "medical records" means medical reports, records,statements, history, diagnosis, condition, treatment, and evaluation.
(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 Section63G-2-304 when the records are sought:
(i) in connection with any legal or administrative proceeding in which the patient'sphysical, mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any partyrelies upon the condition as an element of the claim or defense.
(c) Medical records are subject to production in a legal or administrative proceedingaccording to state or federal statutes or rules of procedure and evidence as if the medical recordswere in the possession of a nongovernmental medical care provider.
Amended by Chapter 36, 2010 General Session
Amended by Chapter 379, 2010 General Session
