63G-2-202 - Access to private, controlled, and protected documents.
63G-2-202. Access to private, controlled, and protected documents.
(1) Upon request, and except as provided in Subsection (11)(a), a governmental entityshall disclose a private record to:
(a) the subject of the record;
(b) the parent or legal guardian of an unemancipated minor who is the subject of therecord;
(c) the legal guardian of a legally incapacitated individual who is the subject of therecord;
(d) any other individual who:
(i) has a power of attorney from the subject of the record;
(ii) submits a notarized release from the subject of the record or the individual's legalrepresentative dated no more than 90 days before the date the request is made; or
(iii) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a healthcare provider, as defined in Section 26-33a-102, if releasing the record or information in therecord is consistent with normal professional practice and medical ethics; or
(e) any person to whom the record must be provided pursuant to:
(i) court order as provided in Subsection (7); or
(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative SubpoenaPowers.
(2) (a) Upon request, a governmental entity shall disclose a controlled record to:
(i) a physician, psychologist, certified social worker, insurance provider or producer, or agovernment public health agency upon submission of:
(A) a release from the subject of the record that is dated no more than 90 days prior to thedate the request is made; and
(B) a signed acknowledgment of the terms of disclosure of controlled information asprovided by Subsection (2)(b); and
(ii) any person to whom the record must be disclosed pursuant to:
(A) a court order as provided in Subsection (7); or
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative SubpoenaPowers.
(b) A person who receives a record from a governmental entity in accordance withSubsection (2)(a)(i) may not disclose controlled information from that record to any person,including the subject of the record.
(3) If there is more than one subject of a private or controlled record, the portion of therecord that pertains to another subject shall be segregated from the portion that the requester isentitled to inspect.
(4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmentalentity shall disclose a protected record to:
(a) the person who submitted the record;
(b) any other individual who:
(i) has a power of attorney from all persons, governmental entities, or politicalsubdivisions whose interests were sought to be protected by the protected classification; or
(ii) submits a notarized release from all persons, governmental entities, or politicalsubdivisions whose interests were sought to be protected by the protected classification or fromtheir legal representatives dated no more than 90 days prior to the date the request is made;
(c) any person to whom the record must be provided pursuant to:
(i) a court order as provided in Subsection (7); or
(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative SubpoenaPowers; or
(d) the owner of a mobile home park, subject to the conditions of Subsection41-1a-116(5).
(5) A governmental entity may disclose a private, controlled, or protected record toanother governmental entity, political subdivision, another state, the United States, or a foreigngovernment only as provided by Section 63G-2-206.
(6) Before releasing a private, controlled, or protected record, the governmental entityshall obtain evidence of the requester's identity.
(7) A governmental entity shall disclose a record pursuant to the terms of a court ordersigned by a judge from a court of competent jurisdiction, provided that:
(a) the record deals with a matter in controversy over which the court has jurisdiction;
(b) the court has considered the merits of the request for access to the record;
(c) the court has considered and, where appropriate, limited the requester's use andfurther disclosure of the record in order to protect:
(i) privacy interests in the case of private or controlled records;
(ii) business confidentiality interests in the case of records protected under Subsection63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
(iii) privacy interests or the public interest in the case of other protected records;
(d) to the extent the record is properly classified private, controlled, or protected, theinterests favoring access, considering limitations thereon, outweigh the interests favoringrestriction of access; and
(e) where access is restricted by a rule, statute, or regulation referred to in Subsection63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
(8) (a) A governmental entity may disclose or authorize disclosure of private orcontrolled records for research purposes if the governmental entity:
(i) determines that the research purpose cannot reasonably be accomplished without useor disclosure of the information to the researcher in individually identifiable form;
(ii) determines that:
(A) the proposed research is bona fide; and
(B) the value of the research outweighs the infringement upon personal privacy;
(iii) (A) requires the researcher to assure the integrity, confidentiality, and security of therecords; and
(B) requires the removal or destruction of the individual identifiers associated with therecords as soon as the purpose of the research project has been accomplished;
(iv) prohibits the researcher from:
(A) disclosing the record in individually identifiable form, except as provided inSubsection (8)(b); or
(B) using the record for purposes other than the research approved by the governmentalentity; and
(v) secures from the researcher a written statement of the researcher's understanding ofand agreement to the conditions of this Subsection (8) and the researcher's understanding thatviolation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
under Section 63G-2-801.
(b) A researcher may disclose a record in individually identifiable form if the record isdisclosed for the purpose of auditing or evaluating the research program and no subsequent useor disclosure of the record in individually identifiable form will be made by the auditor orevaluator except as provided by this section.
(c) A governmental entity may require indemnification as a condition of permittingresearch under this Subsection (8).
(9) (a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entitymay disclose to persons other than those specified in this section records that are:
(i) private under Section 63G-2-302; or
(ii) protected under Section 63G-2-305 subject to Section 63G-2-309 if a claim forbusiness confidentiality has been made under Section 63G-2-309.
(b) Under Subsection 63G-2-403(11)(b), the records committee may require thedisclosure to persons other than those specified in this section of records that are:
(i) private under Section 63G-2-302;
(ii) controlled under Section 63G-2-304; or
(iii) protected under Section 63G-2-305 subject to Section 63G-2-309 if a claim forbusiness confidentiality has been made under Section 63G-2-309.
(c) Under Subsection 63G-2-404(8), the court may require the disclosure of records thatare private under Section 63G-2-302, controlled under Section 63G-2-304, or protected underSection 63G-2-305 to persons other than those specified in this section.
(10) A record contained in the Management Information System, created in Section62A-4a-1003, that is found to be unsubstantiated, unsupported, or without merit may not bedisclosed to any person except the person who is alleged in the report to be a perpetrator ofabuse, neglect, or dependency.
(11) (a) A private record described in Subsection 63G-2-302(2)(f) may only be disclosedas provided in Subsection (1)(e).
(b) A protected record described in Subsection 63G-2-305(43) may only be disclosed asprovided in Subsection (4)(c) or Section 62A-3-312.
(12) (a) A private, protected, or controlled record described in Section 62A-16-301 shallbe disclosed as required under:
(i) Subsections 62A-16-301(1)(b), (2), and (4)(c); and
(ii) Subsection 62A-16-302(1).
(b) A record disclosed under Subsection (12)(a) shall retain its character as private,protected, or controlled.
Amended by Chapter 239, 2010 General Session