GRAMA and Sharing Records

2. Who can access shared records

The law states that providing access to private, controlled, or protected records is allowed when the receiving governmental entity is:

  1. entitled by law to inspect the records,
  2. required to inspect the record as a condition of participating in a state or federal program or for receiving state or federal funds, (Utah Code 63G-2-206(3)(a))
  3. or is one of the following:
    1. a repository or archives for purposes of historical preservation, administrative maintenance, or destruction;
    2. an entity that litigates, or investigates civil, criminal, or administrative law, and the record is necessary to a proceeding or investigation;
    3. an entity that is authorized by state statute to conduct an audit and the record is needed for that purpose;
    4. the Legislature, a legislative committee, a member of the legislature or a legislative staff member when the record is in relation to the Legislature’s duties. (Utah Code 63G-2-206(1)(a-e)).

The law cannot contemplate every possible situation in which sharing records is appropriate and therefore, it provides additional possibilities. When none of the above apply, private, protected, or controlled records can be shared if the recipient governmental entity provides written assurance that:

  1. the record or record series is necessary to the performance of the governmental entity’s duties and functions,
  2. the record or record series will be used for a purpose similar to the purpose for which the information in the record was collected or obtained, and
  3. the use of the record or record series produces a public benefit greater than or equal to the individual privacy rights being protected. (Utah Code 63G-2-206(2))

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Page Last Updated June 2, 2016 .