63A-12-100.5.  Definitions.

(1)  Except as provided under Subsection (2), the definitions in Section 63G-2-103 apply to this chapter.

Terms Used In Utah Code 63A-12-100.5

  • Division: means the Division of Archives and Records Service. See Utah Code 63A-12-100.5
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • 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
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Vulnerable adult: means the same as that term is defined in Section 62A-3-301. See Utah Code 63A-12-100.5
(2)  As used in this chapter:

(a)  “Division” means the Division of Archives and Records Service.

(b) 

(i)  “Executive branch agency” means the same as that term is defined in Section 63A-16-102.

(ii)  “Executive branch agency” includes a state agency, as defined in Subsection 67-1-17(1)(d).

(c) 

(i)  “Personal identifying information” means information about an individual that:

(A)  identifies, or can be used to identify, an individual;

(B)  distinguishes an individual from one or more other individuals; or

(C)  is, or can be, logically associated with other information or data, through technology or otherwise, to identify an individual or distinguish an individual from one or more other individuals.

(ii)  “Personal identifying information” includes information identified as personal identifying information in accordance with the rules described in Section 63A-12-104.

(d)  “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:

(i)  discloses whether the record series contains personal identifying information; and

(ii)  if the record series contains personal identifying information, includes the information described in Subsection 63A-12-115(2)(b).

(e)  Record” means:

(i)  the same as that term is defined in Section 63G-2-103; or

(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.

(f)  “State archives” means the Division of Archives and Records Service.

(g)  “Vulnerable adult” means the same as that term is defined in Section 62A-3-301.

(h)  “Vulnerable record” means a record or data relating to:

(i)  national security interests;

(ii)  the care, custody, or control of a child;

(iii)  a fiduciary trust over money;

(iv)  health care of a child; or

(v)  the following, in relation to a vulnerable adult:

(A)  protection, health care, or other care; or

(B)  the provision of food, shelter, clothing, assistance with an activity of daily living, or assistance with financial resource management.

Amended by Chapter 173, 2023 General Session