63G-2-601. Rights of individuals on whom data is maintained — Classification and personal identifying information statement — Notice to provider of information.
(1)
Terms Used In Utah Code 63G-2-601
Controlled record: means a record containing data on individuals that is controlled as provided by Section 63G-2-304. See Utah Code 63G-2-103
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
Public record: means a record that is not private, controlled, or protected and that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b). 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
State archivist: means the director of the state archives. See Utah Code 63G-2-103
(a)
Each governmental entity shall file with the state archivist a statement explaining, for each record series collected, maintained, or used by the governmental entity, the purposes for which each private or controlled record in the record series is collected, maintained, or used by that governmental entity.
(b)
Each executive branch agency, as defined in Section 63A-12-100.5, shall file with the state archivist a statement explaining, for each record series collected, maintained, or used by the executive branch agency, the purposes for which the personal identifying information in the record series is collected, maintained, or used by the executive branch agency.
(c)
The statement filed under Subsection (1)(a) or (b):
(i)
shall, for each purpose described in Subsection (1)(a) or (b), identify the authority under which the governmental entity or executive branch agency collects the records or information included in the statement described in Subsection (1)(a) or (b); and
(ii)
is a public record.
(2)
(a)
A governmental entity shall provide the notice described in this Subsection (2) to a person that is asked to furnish information that could be classified as a private or controlled record.
(b)
An executive branch agency, as defined in Section 63A-12-100.5, shall provide the notice described in this Subsection (2) to a person that is asked to furnish personal identifying information.
(c)
The notice required under Subsection (2)(a) or (b) shall:
(i)
identify the record series that includes the information described in Subsection (2)(a) or (b);
(ii)
state the reasons the person is asked to furnish the information;
(iii)
state the intended uses of the information;
(iv)
state the consequences for refusing to provide the information; and
(v)
disclose the classes of persons and the governmental entities that currently:
(A)
share the information with the governmental entity; or
(B)
receive the information from the governmental entity on a regular or contractual basis.
(d)
The governmental entity shall:
(i)
post the notice required under this Subsection (2) in a prominent place at all locations where the governmental entity collects the information; or
(ii)
include the notice required under this Subsection (2) as part of the documents or forms that are used by the governmental entity to collect the information.
(3)
Upon request, each governmental entity shall, in relation to the information described in Subsection (2)(a) or (b), as applicable, explain to a person:
(a)
the reasons the person is asked to furnish information;
(b)
the intended uses of the information;
(c)
the consequences for refusing to provide the information; and
(d)
the reasons and circumstances under which the information may be shared with, or provided to, other persons or governmental entities.
(4)
A governmental entity may use the information that the governmental entity is required to disclose under Subsection (2)(a) or (b) only for those purposes:
(a)
given in the statement filed with the state archivist under Subsection (1); or
(b)
for which another governmental entity may use the record under Section 63G-2-206.
