A governmental entity may provide a record that is private, controlled, or protected to another governmental entity, a government-managed corporation, a political subdivision, the federal government, or another state if the requesting entity:
Terms Used In Utah Code 63G-2-206
Audit: means :
(a)
a systematic examination of financial, management, program, and related records for the purpose of determining the fair presentation of financial statements, adequacy of internal controls, or compliance with laws and regulations; or
(b)
a systematic examination of program procedures and operations for the purpose of determining their effectiveness, economy, efficiency, and compliance with statutes and regulations. See Utah Code 63G-2-103
Contract: A legal written agreement that becomes binding when signed.
Contractor: means :
(i)
any person who contracts with a governmental entity to provide goods or services directly to a governmental entity; or
(ii)
any private, nonprofit organization that receives funds from a governmental entity. See Utah Code 63G-2-103
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
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.
Governmental entity: means :
(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;
(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;
(iii)
courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;
(iv)
any state-funded institution of higher education or public education; or
(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
Protected record: means a record that is classified protected as provided by Section 63G-2-305. 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:
(i)
that is prepared, owned, received, or retained by a governmental entity or political subdivision; and
(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
Record series: means a group of records that may be treated as a unit for purposes of designation, description, management, or disposition. See Utah Code 63G-2-103
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.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
serves as a repository or archives for purposes of historical preservation, administrative maintenance, or destruction;
(b)
enforces, litigates, or investigates civil, criminal, or administrative law, and the record is necessary to a proceeding or investigation;
(c)
is authorized by state statute to conduct an audit and the record is needed for that purpose;
(d)
is one that collects information for presentence, probationary, or parole purposes; or
(e)
(i)
is:
(A)
the Legislature;
(B)
a legislative committee;
(C)
a member of the Legislature; or
(D)
a legislative staff member acting at the request of the Legislature, a legislative committee, or a member of the Legislature; and
(ii)
requests the record in relation to the Legislature’s duties including:
(A)
the preparation or review of a legislative proposal or legislation;
(B)
appropriations; or
(C)
an investigation or review conducted by the Legislature or a legislative committee.
(2)
(a)
A governmental entity may provide a private, controlled, or protected record or record series to another governmental entity, a political subdivision, a government-managed corporation, the federal government, or another state if the requesting entity provides written assurance:
(i)
that the record or record series is necessary to the performance of the governmental entity’s duties and functions;
(ii)
that the record or record series will be used for a purpose similar to the purpose for which the information in the record or record series was collected or obtained; and
(iii)
that the use of the record or record series produces a public benefit that is greater than or equal to the individual privacy right that protects the record or record series.
(b)
A governmental entity may provide a private, controlled, or protected record or record series to a contractor or a private provider according to the requirements of Subsection (6)(b).
(3)
(a)
A governmental entity shall provide a private, controlled, or protected record to another governmental entity, a political subdivision, a government-managed corporation, the federal government, or another state if the requesting entity:
(i)
is entitled by law to inspect the record;
(ii)
is required to inspect the record as a condition of participating in a state or federal program or for receiving state or federal funds; or
(iii)
is an entity described in Subsection (1)(a), (b), (c), (d), or (e).
(b)
Subsection (3)(a)(iii) applies only if the record is a record described in Subsection 63G-2-305(4).
(4)
Before disclosing a record or record series under this section to another governmental entity, another state, the United States, a foreign government, or to a contractor or private provider, the originating governmental entity shall:
(a)
inform the recipient of the record’s classification and the accompanying restrictions on access; and
(b)
if the recipient is not a governmental entity to which this chapter applies, obtain the recipient’s written agreement which may be by mechanical or electronic transmission that it will abide by those restrictions on access unless a statute, federal regulation, or interstate agreement otherwise governs the sharing of the record or record series.
(5)
A governmental entity may disclose a record to another state, the United States, or a foreign government for the reasons listed in Subsections (1) and (2) without complying with the procedures of Subsection (2) or (4) if disclosure is authorized by executive agreement, treaty, federal statute, compact, federal regulation, or state statute.
(6)
(a)
Subject to Subsections (6)(b) and (c), an entity receiving a record under this section is subject to the same restrictions on disclosure of the record as the originating entity.
(b)
A contractor or a private provider may receive information under this section only if:
(i)
the contractor or private provider’s use of the record or record series produces a public benefit that is greater than or equal to the individual privacy right that protects the record or record series;
(ii)
the record or record series it requests:
(A)
is necessary for the performance of a contract with a governmental entity;
(B)
will only be used for the performance of the contract with the governmental entity;
(C)
will not be disclosed to any other person; and
(D)
will not be used for advertising or solicitation purposes; and
(iii)
the contractor or private provider gives written assurance to the governmental entity that is providing the record or record series that it will adhere to the restrictions of this Subsection (6)(b).
(c)
The classification of a record already held by a governmental entity and the applicable restrictions on disclosure of that record are not affected by the governmental entity’s receipt under this section of a record with a different classification that contains information that is also included in the previously held record.
(7)
Notwithstanding any other provision of this section, if a more specific court rule or order, state statute, federal statute, or federal regulation prohibits or requires sharing information, that rule, order, statute, or federal regulation controls.
(8)
(a)
The following records may not be shared under this section:
A publicly funded library may share a record that is a private record under Subsection 63G-2-302(1)(c) with a law enforcement agency, as defined in Section 53-1-102, if:
(i)
the record is a video surveillance recording of the library premises; and
(ii)
the law enforcement agency certifies in writing that:
(A)
the law enforcement agency believes that the record will provide important information for a pending investigation into criminal or potentially criminal behavior; and
(B)
the law enforcement agency’s receipt of the record will assist the agency to prevent imminent harm to an individual or imminent and substantial damage to property.
(9)
Records that may evidence or relate to a violation of law may be disclosed to a government prosecutor, peace officer, or auditor.
