Utah Code 63G-2-307. Duty to evaluate records and make designations, classifications, and annotations

63G-2-307. Duty to evaluate records and make designations, classifications, and annotations.

(1)

A governmental entity shall, for each record series that the governmental entity keeps, uses, or creates:

Terms Used In Utah Code 63G-2-307

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

Privacy annotation: means the same as that term is defined in Section 63A-12-100. 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 archives: means the Division of Archives and Records Service created in Section 63A-12-101. See Utah Code 63G-2-103

(a)

evaluate all record series;

(b)	designate each record series as provided by this chapter and Title 63A, Chapter 12, Division of Archives and Records Service; and

(c)

report to the state archives:

(i)	the designation described in Subsection (1)(b); and

(ii)	if the governmental entity is an executive branch agency, as defined in Section 63A-12-100.5, the privacy annotation.

(2)	A governmental entity may classify a particular record, record series, or information within a record at any time, but is not required to classify a particular record, record series, or information until access to the record is requested.

(3)	A governmental entity may redesignate a record series or reclassify a record or record series, or information within a record at any time.

Amended by Chapter 173, 2023 General Session

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