63A-12-115.  Privacy annotation for records series — Requirements — Content.

(1) 

Terms Used In Utah Code 63A-12-115

(a)  Before January 1, 2026, 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 Subsection 63A-12-104(2)(e).

(b)  Beginning on January 1, 2026, 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 Subsection 63A-12-104(2)(e).

(2)  A privacy annotation shall include the following:

(a)  if the record series does not include personal identifying information, a statement indicating that the record series does not include personal identifying information;

(b)  if the record series includes personal identifying information:

(i)  an inventory of the personal identifying information included in the record series; and

(ii)  for the personal identifying information described in Subsection (2)(b)(i):

(A)  the purpose for which the executive branch agency collects, keeps, or uses the personal identifying information;

(B)  a citation to the executive branch agency’s legal authority for collecting, keeping, or using the personal identifying information; and

(C)  any other information required by state archives by rule under Subsection 63A-12-104(2)(e).

Enacted by Chapter 173, 2023 General Session