63G-2-201 - Right to inspect records and receive copies of records.
63G-2-201. Right to inspect records and receive copies of records.
(1) Every person has the right to inspect a public record free of charge, and the right totake a copy of a public record during normal working hours, subject to Sections 63G-2-203 and63G-2-204.
(2) A record is public unless otherwise expressly provided by statute.
(3) The following records are not public:
(a) a record that is private, controlled, or protected under Sections 63G-2-302,63G-2-303, 63G-2-304, and 63G-2-305; and
(b) a record to which access is restricted pursuant to court rule, another state statute,federal statute, or federal regulation, including records for which access is governed or restrictedas a condition of participation in a state or federal program or for receiving state or federal funds.
(4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305may be classified private, controlled, or protected.
(5) (a) A governmental entity may not disclose a record that is private, controlled, orprotected to any person except as provided in Subsection (5)(b), Subsection (5)(c), Section63G-2-202, 63G-2-206, or 63G-2-303.
(b) A governmental entity may disclose a record that is private under Subsection63G-2-302(2) or protected under Section 63G-2-305 to persons other than those specified inSection 63G-2-202 or 63G-2-206 if the head of a governmental entity, or a designee, determinesthat:
(i) there is no interest in restricting access to the record; or
(ii) the interests favoring access outweighs the interest favoring restriction of access.
(c) In addition to the disclosure under Subsection (5)(b), a governmental entity maydisclose a record that is protected under Subsection 63G-2-305(51) if:
(i) the head of the governmental entity, or a designee, determines that the disclosure:
(A) is mutually beneficial to:
(I) the subject of the record;
(II) the governmental entity; and
(III) the public; and
(B) serves a public purpose related to:
(I) public safety; or
(II) consumer protection; and
(ii) the person who receives the record from the governmental entity agrees not to use orallow the use of the record for advertising or solicitation purposes.
(6) (a) The disclosure of a record to which access is governed or limited pursuant to courtrule, another state statute, federal statute, or federal regulation, including a record for whichaccess is governed or limited as a condition of participation in a state or federal program or forreceiving state or federal funds, is governed by the specific provisions of that statute, rule, orregulation.
(b) This chapter applies to records described in Subsection (6)(a) insofar as this chapteris not inconsistent with the statute, rule, or regulation.
(7) A governmental entity shall provide a person with a certified copy of a record if:
(a) the person requesting the record has a right to inspect it;
(b) the person identifies the record with reasonable specificity; and
(c) the person pays the lawful fees.
(8) (a) In response to a request, a governmental entity is not required to:
(i) create a record;
(ii) compile, format, manipulate, package, summarize, or tailor information;
(iii) provide a record in a particular format, medium, or program not currently maintainedby the governmental entity;
(iv) fulfill a person's records request if the request unreasonably duplicates prior recordsrequests from that person; or
(v) fill a person's records request if:
(A) the record requested is accessible in the identical physical form and content in apublic publication or product produced by the governmental entity receiving the request;
(B) the governmental entity provides the person requesting the record with the publicpublication or product; and
(C) the governmental entity specifies where the record can be found in the publicpublication or product.
(b) Upon request, a governmental entity may provide a record in a particular form underSubsection (8)(a)(ii) or (iii) if:
(i) the governmental entity determines it is able to do so without unreasonably interferingwith the governmental entity's duties and responsibilities; and
(ii) the requester agrees to pay the governmental entity for providing the record in therequested form in accordance with Section 63G-2-203.
(9) (a) A governmental entity may allow a person requesting more than 50 pages ofrecords to copy the records if:
(i) the records are contained in files that do not contain records that are exempt fromdisclosure, or the records may be segregated to remove private, protected, or controlledinformation from disclosure; and
(ii) the governmental entity provides reasonable safeguards to protect the public from thepotential for loss of a public record.
(b) When the requirements of Subsection (9)(a) are met, the governmental entity may:
(i) provide the requester with the facilities for copying the requested records and requirethat the requester make the copies; or
(ii) allow the requester to provide the requester's own copying facilities and personnel tomake the copies at the governmental entity's offices and waive the fees for copying the records.
(10) (a) A governmental entity that owns an intellectual property right and that offers theintellectual property right for sale or license may control by ordinance or policy the duplicationand distribution of the material based on terms the governmental entity considers to be in thepublic interest.
(b) Nothing in this chapter shall be construed to limit or impair the rights or protectionsgranted to the governmental entity under federal copyright or patent law as a result of itsownership of the intellectual property right.
(11) A governmental entity may not use the physical form, electronic or otherwise, inwhich a record is stored to deny, or unreasonably hinder the rights of a person to inspect andreceive a copy of a record under this chapter.
(12) Subject to the requirements of Subsection (8), a governmental entity shall provideaccess to an electronic copy of a record in lieu of providing access to its paper equivalent if:
(a) the person making the request requests or states a preference for an electronic copy;
(b) the governmental entity currently maintains the record in an electronic format that isreproducible and may be provided without reformatting or conversion; and
(c) the electronic copy of the record:
(i) does not disclose other records that are exempt from disclosure; or
(ii) may be segregated to protect private, protected, or controlled information fromdisclosure without the undue expenditure of public resources or funds.
Amended by Chapter 380, 2010 General Session