GRAMA and Sharing Records

5. Providing access to shared records in the event of a GRAMA request

GRAMA states that “A person making a request for a record shall submit the request to the governmental entity that prepares, owns, or retains the record”:

(a) Subject to Subsection (2)(b), a person making a request for a record shall submit the request to the governmental entity that prepares, owns, or retains the record.

(b) In response to a request for a record, a governmental entity may not provide a record that it has received under Section 63G-2-206 as a shared record if the record was shared for the purpose of auditing, if the governmental entity is authorized by state statute to conduct an audit. …

(d) A governmental entity may make rules in accordance with Title 63G-Chapter 3, Utah Administrative Rulemaking Act, specifying where and to whom requests for access shall be directed. (UC 63G-2-204(2))

In Utah Code Section 63G-2-204(2), the words “prepare” and “own” suggest that a request should be made to the governmental entity in which the record originated. However, a shared record might be “retained” by a recipient governmental entity. It is up to the governmental entities involved to determine how they will handle access. At the time records are shared it will be good for sharing entities to determine how records requests will be handled. GRAMA suggests making an Administrative Rule to govern this.

Subsection 6 of Section 63G-2-206 states that the receiving entity is subject to the same restrictions on disclosure as the originating entity. This suggests that it is the responsibility of the originating agency to determine how shared records should be classified.

(a) Subject to Subsection (6)(b) and (c), an entity receiving a record under this section is subject to the same restrictions on disclosure of the record as the originating entity. (UC 63G-2-206(6)(a))

←Previous | Next →

Page Last Updated June 2, 2016 .