63G-2-803 - No individual liability for certain decisions of a governmental entity. - Utah Statutes

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Statutes > Utah > Title-63g > Chapter-02 > 63g-2-803

63G-2-803. No individual liability for certain decisions of a governmental entity.
(1) Neither the governmental entity, nor any officer or employee of the governmentalentity, is liable for damages resulting from the release of a record where the person orgovernment requesting the record presented evidence of authority to obtain the record even if it issubsequently determined that the requester had no authority.
(2) Neither the governmental entity, nor any officer or employee of the governmentalentity, is liable for damages arising from the negligent disclosure of records classified as privateunder Subsection 63G-2-302(1)(f) unless:
(a) the disclosure was of employment records maintained by the governmental entity; or
(b) the current or former government employee had previously filed the notice requiredby Section 63G-2-303 and:
(i) the government entity did not take reasonable steps to preclude access or distributionof the record; or
(ii) the release of the record was otherwise willfully or grossly negligent.
(3) A mailing from a government agency to an individual who has filed an applicationunder Section 63G-2-303 is not a wrongful disclosure under this chapter or under Title 63A,Chapter 12, Archives and Records Service.

Amended by Chapter 44, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-63g > Chapter-02 > 63g-2-803

63G-2-803. No individual liability for certain decisions of a governmental entity.
(1) Neither the governmental entity, nor any officer or employee of the governmentalentity, is liable for damages resulting from the release of a record where the person orgovernment requesting the record presented evidence of authority to obtain the record even if it issubsequently determined that the requester had no authority.
(2) Neither the governmental entity, nor any officer or employee of the governmentalentity, is liable for damages arising from the negligent disclosure of records classified as privateunder Subsection 63G-2-302(1)(f) unless:
(a) the disclosure was of employment records maintained by the governmental entity; or
(b) the current or former government employee had previously filed the notice requiredby Section 63G-2-303 and:
(i) the government entity did not take reasonable steps to preclude access or distributionof the record; or
(ii) the release of the record was otherwise willfully or grossly negligent.
(3) A mailing from a government agency to an individual who has filed an applicationunder Section 63G-2-303 is not a wrongful disclosure under this chapter or under Title 63A,Chapter 12, Archives and Records Service.

Amended by Chapter 44, 2009 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-63g > Chapter-02 > 63g-2-803

63G-2-803. No individual liability for certain decisions of a governmental entity.
(1) Neither the governmental entity, nor any officer or employee of the governmentalentity, is liable for damages resulting from the release of a record where the person orgovernment requesting the record presented evidence of authority to obtain the record even if it issubsequently determined that the requester had no authority.
(2) Neither the governmental entity, nor any officer or employee of the governmentalentity, is liable for damages arising from the negligent disclosure of records classified as privateunder Subsection 63G-2-302(1)(f) unless:
(a) the disclosure was of employment records maintained by the governmental entity; or
(b) the current or former government employee had previously filed the notice requiredby Section 63G-2-303 and:
(i) the government entity did not take reasonable steps to preclude access or distributionof the record; or
(ii) the release of the record was otherwise willfully or grossly negligent.
(3) A mailing from a government agency to an individual who has filed an applicationunder Section 63G-2-303 is not a wrongful disclosure under this chapter or under Title 63A,Chapter 12, Archives and Records Service.

Amended by Chapter 44, 2009 General Session