63G-2-206 - Sharing records.

UTAH STATUTES AND CODES

63G-2-206 - Sharing records.

63G-2-206. Sharing records.
(1) A governmental entity may provide a record that is private, controlled, or protected toanother governmental entity, a government-managed corporation, a political subdivision, thefederal government, or another state if the requesting entity:
(a) 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 therecord is necessary to a proceeding or investigation;
(c) is authorized by state statute to conduct an audit and the record is needed for thatpurpose;
(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 legislativecommittee, 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 orrecord series to another governmental entity, a political subdivision, a government-managedcorporation, the federal government, or another state if the requesting entity provides writtenassurance:
(i) that the record or record series is necessary to the performance of the governmentalentity's duties and functions;
(ii) that the record or record series will be used for a purpose similar to the purpose forwhich 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 outweighsthe individual privacy right that protects the record or record series.
(b) A governmental entity may provide a private, controlled, or protected record orrecord 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 toanother governmental entity, a political subdivision, a government-managed corporation, thefederal 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 federalprogram 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 Subsection63G-2-305(4).
(4) Before disclosing a record or record series under this section to another governmentalentity, 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 restrictionson access; and
(b) if the recipient is not a governmental entity to which this chapter applies, obtain therecipient's written agreement which may be by mechanical or electronic transmission that it willabide by those restrictions on access unless a statute, federal regulation, or interstate agreementotherwise governs the sharing of the record or record series.
(5) A governmental entity may disclose a record to another state, the United States, or aforeign government for the reasons listed in Subsections (1) and (2) without complying with theprocedures 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 thissection 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 publicbenefit that outweighs 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 entitythat is providing the record or record series that it will adhere to the restrictions of thisSubsection (6)(b).
(c) The classification of a record already held by a governmental entity and the applicablerestrictions on disclosure of that record are not affected by the governmental entity's receiptunder this section of a record with a different classification that contains information that is alsoincluded in the previously held record.
(7) Notwithstanding any other provision of this section, if a more specific court rule ororder, state statute, federal statute, or federal regulation prohibits or requires sharing information,that rule, order, statute, or federal regulation controls.
(8) The following records may not be shared under this section:
(a) records held by the Division of Oil, Gas, and Mining that pertain to any person andthat are gathered under authority of Title 40, Chapter 6, Board and Division of Oil, Gas, andMining; and
(b) records of publicly funded libraries as described in Subsection 63G-2-302(1)(c).
(9) Records that may evidence or relate to a violation of law may be disclosed to agovernment prosecutor, peace officer, or auditor.