Utah State Laws on Optical Images

State Archivist and Records Manager:

Archives & Records Mgmt.

Jeffery O. Johnson, Director of State Archives

Utah Archives & Records Service

Archives Bldg., State Capitol Salt Lake City, UT 84114

801-538-3012 fax: 801-538-3354

Steven Wood, Patron Service Section Mgr.

Rick Francom, Record Services Mgr.

Tim Few, Local Government Archivist

Pat Scott, Local Government Archivist

Note: There is nothing in the Utah Code that specifically talks about optical images or electronic images. That means this type of evidence could be up to judicial interpretation. We like to see a more tightly written state law than this one in Utah.

Definition of records (Utah Code 63-2-103 (18) (a)):

"Records"means all books, letters . . . electronic

data, or other documentary material regardless of

physical form or characteristics:

Retirement Office: (Utah Code 49-1-616):

"All records at the retirement office, filmed from facsimile or other sources, or produced from optical imaging or other technology, have the same legal effect as the original record."

GOVERNMENT RECORDS ACCESS AND

MANAGEMENT ACT

(Current as of 11 April 1996)

Part 1

General Provisions.

63-2-101. Short title.

63-2-102. Legislative intent.

63-2-103. Definitions.

63-2-104. Administrative Procedures Act not

applicable.

63-2-105. Confidentiality agreements.

Part 2

Access to Records.

63-2-201. Right to inspect records and receive

copies of records.

63-2-202. Access to private, controlled, and

protected documents.

63-2-203. Fees.

63-2-204. Requests - Time limit for response

and extraordinary circumstances.

63-2-205. Denials.

63-2-206. Sharing records.

63-2-207. Subpoenas.

Part 3

Classification.

63-2-301. Records that must be disclosed.

63-2-302. Private records.

63-2-303. Controlled records.

63-2-304. Protected records.

63-2-305. Procedure to determine classification.

63-2-306. Duty to evaluate records and make

designations and classifications.

63-2-307. Segregation of records.

63-2-308. Business confidentiality claims.

Part 4

Appeals.

63-2-401. Appeal to head of governmental

entity.

63-2-402. Option for appealing a denial.

63-2-403. Appeals to the records committee.

63-2-404. Judicial review.

63-2-405. Confidential treatment of records for

which no exemption applies.

Part 5

State Records Committee.

63-2-501. State Records Committee created -

Membership.

63-2-502. State Records Committee - Duties.

Part 6

Accuracy of Records.

63-2-601. Rights of individuals on whom data is

maintained.

63-2-602. Disclosure to subject of records -

Context of use.

63-2-603. Requests to amend a record -

Appeals.

Part 7

Applicability to Political Subdivisions, the

Judiciary, and the Legislature.

63-2-701. Political subdivisions may adopt

ordinances in compliance with chapter.

63-2-702. Applicability to judiciary.

63-2-703. Applicability to the Legislature.

Part 8

Remedies.

63-2-801. Criminal penalties.

63-2-802. Injunction - Attorneys' fees.

63-2-803. No liability for certain decisions of a

governmental entity or a political subdivision.

63-2-804. Disciplinary action.

Part 9

Archives and Records Service.

63-2-901. Division of Archives and Records

Service created - Duties.

63-2-902. State archivist - Duties.

63-2-903. Duties of governmental entities.

63-2-904. Rulemaking authority.

63-2-905. Records declared property of the

state - Disposition.

63-2-906. Certified and microphotographed

copies.

63-2-907. Right to replevin.

63-2-908. Report on management of

government records.

63-2-909. Records made public after 75 years.

PART 1

GENERAL PROVISIONS

63-2-101. Short title.

This chapter is known as the "Government

Records Access and Management Act."

63-2-102. Legislative intent.

(1) In enacting this act, the Legislature

recognizes two constitutional rights:

(a) the public's right of access to information

concerning the conduct of the public's business;

and

(b) the right of privacy in relation to personal

data gathered by governmental entities.

(2) The Legislature also recognizes a public

policy interest in allowing a government to restrict

access to certain records, as specified in this

chapter, for the public good.

(3) It is the intent of the Legislature to:

(a) promote the public's right of easy and

reasonable access to unrestricted public records;

(b) specify those conditions under which the

public interest in allowing restrictions on access to

records may outweigh the public's interest in

access;

(c) prevent abuse of confidentiality by

governmental entities by permitting confidential

treatment of records only as provided in this

chapter;

(d) provide guidelines for both disclosure and

restrictions on access to government records, which

are based on the equitable weighing of the pertinent

interests and which are consistent with nationwide

standards of information practices;

(e) favor public access when, in the application

of this act, countervailing interests are of equal

weight; and

(f) establish fair and reasonable records

management practices.

63-2-103. Definitions.

As used in this chapter:

(1) "Audit" means:

(a) a systematic examination of financial,

management, program, and related records for the

purpose of determining the fair presentation of

financial statements, adequacy of internal controls,

or compliance with laws and regulations; or

(b) a systematic examination of program

procedures and operations for the purpose of

determining their effectiveness, economy,

efficiency, and compliance with statutes and

regulations.

(2) "Chronological logs" mean the regular and

customary summary records of law enforcement

agencies and other public safety agencies that show

the time and general nature of police, fire, and

paramedic calls made to the agency and any

arrests or jail bookings made by the agency.

(3) "Classification," "classify," and their

derivative forms mean determining whether a record

series, record, or information within a record is

public, private, controlled, protected, or exempt from

disclosure under Subsection 63-2-201(3)(b).

(4) (a) "Computer program" means a series of

instructions or statements that permit the functioning

of a computer system in a manner designed to

provide storage, retrieval, and manipulation of data

from the computer system, and any associated

documentation and source material that explain how

to operate the computer program.

(b) "Computer program" does not mean:

(i) the original data, including numbers, text,

voice, graphics, and images;

(ii) analysis, compilation, and other

manipulated forms of the original data produced by

use of the program; or

(iii) the mathematical or statistical formulas

(excluding the underlying mathematical algorithms

contained in the program) that would be used if the

manipulated forms of the original data were to be

produced manually.

(5) (a) "Contractor" means:

(i) any person who contracts with a

governmental entity to provide goods or services

directly to a governmental entity; or

(ii) any private, nonprofit organization that

receives funds from a governmental entity.

(b) "Contractor" does not mean a private

provider.

(6) "Controlled record" means a record

containing data on individuals that is controlled as

provided by Section 63-2-303.

(7) "Designation," "designate," and their

derivative forms mean indicating, based on a

governmental entity's familiarity with a record series

or based on a governmental entity's review of a

reasonable sample of a record series, the primary

classification that a majority of records in a record

series would be given if classified and the

classification that other records typically present in

the record series would be given if classified.

(8) "Government audit agency" means any

governmental entity that conducts audits.

(9) (a) "Governmental entity" means:

(i) executive department agencies of the

state, the offices of the governor, lieutenant

governor, state auditor, attorney general, and state

treasurer, the Board of Pardons and Parole, the

Board of Examiners, the National Guard, the Career

Service Review Board, the State Board of

Education, the State Board of Regents, and the

State Archives;

(ii) the Office of the Legislative Auditor

General, Office of the Legislative Fiscal Analyst,

Office of Legislative Research and General Counsel,

the Legislature, and legislative committees, except

any political party, group, caucus, or rules or sifting

committee of the Legislature;

(iii) courts, the Judicial Council, the Office of

the Court Administrator, and similar administrative

units in the judicial branch;

(iv) any state-funded institution of higher

education or public education; or

(v) any political subdivision of the state, but, if

a political subdivision has adopted an ordinance or

a policy relating to information practices pursuant to

Section 63-2-701, this chapter shall apply to the

political subdivision to the extent specified in Section

63-2-701 or as specified in any other section of this

chapter that specifically refers to political

subdivisions.

(b) "Governmental entity" also means every

office, agency, board, bureau, committee,

department, advisory board, or commission of the

entities listed in Subsection (9)(a) that is funded or

established by the government to carry out the

public's business.

(10) "Gross compensation" means every form of

remuneration payable for a given period to an

individual for services provided including salaries,

commissions, vacation pay, severance pay,

bonuses, and any board, rent, housing, lodging,

payments in kind, and any similar benefit received

from the individual's employer.

(11) "Individual" means a human being.

(12) (a) "Initial contact report" means an initial

written or recorded report, however titled, prepared

by peace officers engaged in public patrol or

response duties describing official actions initially

taken in response to either a public complaint about

or the discovery of an apparent violation of law,

which report may describe:

(i) the date, time, location, and nature of the

complaint, the incident, or offense;

(ii) names of victims;

(iii) the nature or general scope of the

agency's initial actions taken in response to the

incident;

(iv) the general nature of any injuries or

estimate of damages sustained in the incident;

(v) the name, address, and other identifying

information about any person arrested or charged in

connection with the incident; or

(vi) the identity of the public safety personnel

(except undercover personnel) or prosecuting

attorney involved in responding to the initial incident.

(b) Initial contact reports do not include

follow-up or investigative reports prepared after the

initial contact report. However, if the information

specified in Subsection (a) appears in follow-up or

investigative reports, it may only be treated

confidentially if it is private, controlled, protected, or

exempt from disclosure under Subsection

63-2-201(3)(b).

(13) "Person" means any individual, nonprofit or

profit corporation, partnership, sole proprietorship,

or other type of business organization.

(14) "Private provider" means any person who

contracts with a governmental entity to provide

services directly to the public.

(15) "Private record" means a record containing

data on individuals that is private as provided by

Section 63-2-302.

(16) "Protected record" means a record that is

classified protected as provided by Section

63-2-304.

(17) "Public record" means a record that is not

private, controlled, or protected and that is not

exempt from disclosure as provided in Subsection

63-2-201(3)(b).

(18) (a) "Record" means all books, letters,

documents, papers, maps, plans, photographs,

films, cards, tapes, recordings, electronic data, or

other documentary materials regardless of physical

form or characteristics:

(i) which are prepared, owned, received, or

retained by a governmental entity or political

subdivision; and

(ii) where all of the information in the original

is reproducible by photocopy or other mechanical

or electronic means.

(b) "Record" does not mean:

(i) temporary drafts or similar materials

prepared for the originator's personal use or

prepared by the originator for the personal use of

an individual for whom he is working;

(ii) materials that are legally owned by an

individual in his private capacity;

(iii) materials to which access is limited by

the laws of copyright or patent unless the copyright

or patent is owned by a governmental entity or

political subdivision;

(iv) proprietary software;

(v) junk mail

or commercial publications received by a

governmental entity or an official or employee of a

governmental entity;

(vi) books and other materials that are

cataloged, indexed, or inventoried and contained in

the collections of libraries open to the public,

regardless of physical form or characteristics of the

material;

(vii) daily calendars and other personal notes

prepared by the originator for the originator's

personal use or for the personal use of an individual

for whom he is working;

(viii) computer programs as defined in

Subsection (4) that are developed or purchased by

or for any governmental entity for its own use; or

(ix) notes or internal memoranda prepared as

part of the deliberative process by a member of the

judiciary, an administrative law judge, a member of

the Board of Pardons and Parole, or a member of

any other body charged by law with performing a

quasi-judicial function.

(19) "Record series" means a group of records

that may be treated as a unit for purposes of

designation, description, management, or

disposition.

(20) "Records committee" means the State

Records Committee created in Section 63-2-501.

(21) "Records officer" means the individual

appointed by the chief administrative officer of each

governmental entity, or the political subdivision to

work with state archives in the care, maintenance,

scheduling, designation, classification, disposal, and

preservation of records.

(22) "Schedule," "scheduling," and their

derivative forms mean the process of specifying the

length of time each record series should be retained

by a governmental entity for administrative, legal,

fiscal, or historical purposes and when each record

series should be transferred to the state archives or

destroyed.

(23) "State archives" means the Division of

Archives and Records Service created in Section

63-2-901.

(24) "State archivist" means the director of the

state archives.

(25) "Summary data" means statistical records

and compilations that contain data derived from

private, controlled, or protected information but that

do not disclose private, controlled, or protected

information.

63-2-105. Confidentiality agreements.

If a governmental entity or political subdivision

receives a request for a record that is subject to a

confidentiality agreement executed before April 1,

1992, the law in effect at the time the agreement

was executed, including late judicial interpretations

of the law, shall govern access to the record, unless

all parties to the confidentiality agreement agree in

writing to be governed by the provisions of this

chapter.

PART 2

ACCESS TO RECORDS

63-2-201. 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 to take a copy

of a public record during normal working hours,

subject to Sections 63-2-203 and 63-2-204.

(2) All records are public unless otherwise

expressly provided by statute.

(3) The following records are not public:

(a) records that are private, controlled, or

protected under Sections 63-2-302, 63-2-303, and

63-2-304; and

(b) records 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 restricted as a

condition of participation in a state or federal

program or for receiving state or federal funds.

(4) Only those records specified in Section

63-2-302, 63-2-303, or 63-2-304 may be classified

private, controlled, or protected.

(5) (a) A governmental entity may not disclose a

record that is private, controlled, or protected to any

person except as provided in Subsection (5)(b),

Section 63-2-202, or Section 63-2-206.

(b) A governmental entity may disclose records

that are private under Subsection 63-2-302(2) or

protected under Section 63-2-304 to persons other

than those specified in Section 63-2-202 or

63-2-206 if the head of a governmental entity, or a

designee, determines that there is no interest in

restricting access to the record, or that the interests

favoring access outweighs the interest favoring

restriction of access.

(6) (a) The disclosure of records to which

access is governed or limited pursuant to court rule,

another state statute, federal statute, or federal

regulation, including records for which access is

governed or limited as a condition of participation in

a state or federal program or for receiving state or

federal funds, is governed by the specific provisions

of that statute, rule, or regulation.

(b) This chapter applies to records described in

Subsection (a) insofar as this chapter is 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) A governmental entity is not required to

create a record in response to a request.

(b) Upon request, a governmental entity shall

provide a record in a particular format if:

(i) the governmental entity is able to do so

without unreasonably interfering with the

governmental entity's duties and responsibilities; and

(ii) the requester agrees to pay the

governmental entity for its costs incurred in

providing the record in the requested format in

accordance with Section 63-2-203.

(c) Nothing in this section requires a

governmental entity to fulfill a person's records

request if the request unreasonably duplicates prior

records requests from that person.

(9) If a person requests copies of more than 50

pages of records from a governmental entity, and, if

the records are contained in files that do not contain

records that are exempt from disclosure, the

governmental entity may:

(a) provide the requester with the facilities for

copying the requested records and require that the

requester make the copies himself; or

(b) allow the requester to provide his own

copying facilities and personnel to make 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 the

intellectual property right for sale or license may

control by ordinance or policy the duplication and

distribution of the material based on terms the

governmental entity considers to be in the public

interest.

(b) Nothing in this chapter shall be construed to

limit or impair the rights or protections granted to the

governmental entity under federal copyright or

patent law as a result of its ownership of the

intellectual property right.

(11) A governmental entity may not use the

physical form, electronic or otherwise, in which a

record is stored to deny, or unreasonably hinder the

rights of persons to inspect and receive copies of a

record under this chapter.

63-2-202. Access to private, controlled, and

protected documents.

(1) Upon request, a governmental entity shall

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 the

record;

(c) the legal guardian of a legally incapacitated

individual who is the subject of the record; (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 his legal representative

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 63-2-302(1)(b), is a health care

provider, as defined in Subsection 26-33a-102(7), if

releasing the record or information in the record is

consistent with normal professional practice and

medical ethics; or

(e) any person to whom the record must be

provided pursuant to court order as provided in

Subsection (7) or a legislative subpoena as provided

in Title 36, Chapter 14.

(2) (a) Upon request, a governmental entity shall

disclose a controlled record to:

(i) a physician, psychologist, certified social

worker, insurance provider or agent, or a

government public health agency upon submission

of a release from the subject of the record that is

dated no more than 90 days prior to the date the

request is made and a signed acknowledgment of

the terms of disclosure of controlled information as

provided by Subsection (b); and

(ii) any person to whom the record must be

disclosed pursuant to court order as provided in

Subsection (7) or a legislative subpoena as provided

in Title 36, Chapter 14.

(b) A person who receives a record from a

governmental entity in accordance with Subsection

(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 the record that

pertains to another subject shall be segregated from

the portion that the requester is entitled to inspect.

(4) Upon request, a governmental entity 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 political subdivisions whose

interests were sought to be protected by the

protected classification; or

(ii) submits a notarized release from all

persons, governmental entities, or political

subdivisions whose interests were sought to be

protected by the protected classification or from

their legal representatives dated no more than 90

days prior to the date the request is made; or

(c) any person to whom the record must be

provided pursuant to a court order as provided in

Subsection (7) or a legislative subpoena as provided

in Title 36, Chapter 14.

(5) A governmental entity may disclose a private,

controlled, or protected record to another

governmental entity, political subdivision, another

state, the United States, or a foreign government

only as provided by Section 63-2-206.

(6) Before releasing a private, controlled, or

protected record, the governmental entity shall

obtain evidence of the requester's identity.

(7) A governmental entity shall disclose a record

pursuant to the terms of a court order signed 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; and

(c) the court has considered and, where

appropriate, limited the requester's use and further

disclosure of the record in order to protect privacy

interests in the case of private or controlled records,

business confidentiality interests in the case of

records protected under Subsections 63-2-304(1)

and (2), and 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, the interests

favoring access, considering limitations thereon,

outweigh the interests favoring restriction of access;

and

(e) where access is restricted by a rule, statute,

or regulation referred to in Subsection

63-2-201(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 or controlled records

for research purposes if the governmental entity:

(i) determines that the research purpose

cannot reasonably be accomplished without use or

disclosure of the information to the researcher in

individually identifiable form;

(ii) determines that the proposed research is

bona fide, and that the value of the research

outweighs the infringement upon personal privacy;

(iii) requires the researcher to assure the

integrity, confidentiality, and security of the records

and requires the removal or destruction of the

individual identifiers associated with the records as

soon as the purpose of the research project has

been accomplished;

(iv) prohibits the researcher from disclosing

the record in individually identifiable form, except as

provided in Subsection (b), or from using the record

for purposes other than the research approved by

the governmental entity; and

(v) secures from the researcher a written

statement of his understanding of and agreement to

the conditions of this subsection and his

understanding that violation of the terms of this

subsection may subject him to criminal prosecution

under Section 63-2-801.

(b) A researcher may disclose a record in

individually identifiable form if the record is

disclosed for the purpose of auditing or evaluating

the research program and no subsequent use or

disclosure of the record in individually identifiable

form will be made by the auditor or evaluator except

as provided by this section.

(c) A governmental entity may require

indemnification as a condition of permitting

research under this subsection.

(9) (a) Under Subsections 63-2-201(5)(b) and

63-2-401(6) a governmental entity may disclose

records that are private under Section 63-2-302, or

protected under Section 63-2-304 to persons other

than those specified in this section.

(b) Under Subsection 63-2-403(11)(b) the

Records Committee may require the disclosure of

records that are private under Section 63-2-302,

controlled under Section 63-2-303, or protected

under Section 63-2-304 to persons other than those

specified in this section.

(c) Under Subsection 63-2-404(8) the court

may require the disclosure of records that are

private under Section 63-2-302, controlled under

Section 63-2-303, or protected under Section

63-2-304 to persons other than those specified in

this section.

PART 5

STATE RECORDS COMMITTEE

63-2-501. State Records Committee created -

Membership.

(1) There is created the State Records

Committee within the Department of Administrative

Services to consist of the following seven

individuals:

(a) an individual in the private sector whose

profession requires him to create or manage

records that if created by a governmental entity

would be private or controlled;

(b) the state auditor or the auditor's designee;

(c) the director of the Division of State History;

(d) the governor or the governor's designee;

(e) one citizen member;

(f) one elected official representing political

subdivisions; and

(g) one individual representing the news media.

(2) The members specified in Subsections

(1)(a), (e), (f), and (g) shall be appointed by the

governor with the advice and consent of the

Senate.

(3)(a) Except as required by Subsection (b), as

terms of current committee members expire, the

governor shall appoint each new member or

reappointed member to a four-year term.

(b) Notwithstanding the requirements of

Subsection (a), the governor shall, at the time of

appointment or reappointment, adjust the length of

terms to ensure the terms of committee members

are staggered so that approximately half of the

committee is appointed every two years.

(c) Each appointed member is eligible for

reappointment for one additional term.

(4) When a vacancy occurs in the membership

for any reason, the replacement shall be appointed

for the unexpired term.

(5)(a)(i) Members who are not government

employees shall receive no compensation or

benefits for their services, but may receive per diem

and expenses incurred in the performance of the

member's official duties established by the Division

of Finance under Section 63A-3-106 and

63A-3-107.

(ii) Members may decline to receive per diem

and expenses for their service.

(b)(i) State government officer and employee

members who do not receive salary, per diem, or

expenses from their agency for their service may

receive per diem and expenses incurred in the

performance of their official duties from committee

at the rates established by the Division of Finance

under Section 63A-3-106 and 63A-3-107.

(ii) State government officer and employees

may decline to receive per diem and expenses for

their service.

(c)(i) Local government members who do not

receive salary, per diem, or expenses from the

entity that they represent for their service may

receive per diem and expenses incurred in the

performance of their official duties at the rates

established by the Division of Finance under

Section 63A-3-106 and 63-3-107.

(ii) Local government members may decline to

receive per diem and expenses for their service.

PART 6

ACCURACY OF RECORDS

63-2-601. Rights of individuals on whom data is

maintained.

(1) (a) Each governmental entity shall file with

the state archivist a statement explaining the

purposes for which record series designated private

or controlled are collected and used by that

governmental entity.

(b) That statement is a public record.

(2) Upon request, each governmental entity shall

explain to an individual:

(a) the reasons the individual is asked to furnish

to the governmental entity information that could be

classified private or controlled;

(b) the intended uses of the information; and

(c) the consequences for refusing to provide the

information.

(3) A governmental entity may not use private or

controlled records for purposes other than those

given in the statement filed with the state archivist

under Subsection (1) or for purposes other than

those for which another governmental entity could

use the record under Section 63-2-206.

63-2-602. Disclosure to subject of records -

Context of use.

When providing records under Subsection

63-2-202(1) or when providing public records about

an individual to the persons specified in Subsection

63-2-202(1), a governmental entity shall, upon

request, disclose the context in which the record is

used.

63-2-603. Requests to amend a record - Appeals.

(1) Proceedings of state agencies under this

section shall be governed by Title 63, Chapter 46b,

Administrative Procedures Act.

(2) (a) Subject to Subsection (8), an individual

may contest the accuracy or completeness of any

public, or private, or protected record concerning

him by requesting the governmental entity to amend

the record. However, this section does not affect the

right of access to private or protected records.

(b) The request shall contain the following

information:

(i) the requester's name, mailing address, and

daytime telephone number; and

(ii) a brief statement explaining why the

governmental entity should amend the record.

(3) The governmental entity shall issue an order

either approving or denying the request to amend as

provided in Title 63, Chapter 46b, Administrative

Procedures Act, or, if the act does not apply, no

later than 30 days after receipt of the request.

(4) If the governmental entity approves the

request, it shall correct all of its records that contain

the same incorrect information as soon as practical.

A governmental entity may not disclose the record

until it has amended it.

(5) If the governmental entity denies the request,

it shall:

(a) inform the requester in writing; and

(b) provide a brief statement giving its reasons

for denying the request.

(6) (a) If a governmental entity denies a request

to amend a record, the requester may submit a

written statement contesting the information in the

record.

(b) The governmental entity shall:

(i) file the requester's statement with the

disputed record if the record is in a form such that

the statement can accompany the record or make

the statement accessible if the record is not in a

form such that the statement can accompany the

record; and

(ii) disclose the requester's statement along

with the information in the record whenever the

governmental entity discloses the disputed

information.

(7) The requester may appeal the denial of the

request to amend a record pursuant to the

Administrative Procedures Act or, if that act does

not apply, to district court.

(8) This section does not apply to records

relating to title to real or personal property, medical

records, judicial case files, or any other records that

the governmental entity determines must be

maintained in their original form to protect the public

interest and to preserve the integrity of the record

system.

63-2-904. Rulemaking authority.

(1) The executive director of the Department of

Administrative Services, with the recommendation of

the state archivist, may make rules as provided by

Title 63, Chapter 46a, Utah Administrative

Rulemaking Act, to implement provisions of this

chapter dealing with procedures for the collection,

storage, designation, classification, access, and

management of records.

(2) A governmental entity that includes divisions,

boards, departments, committees, commissions, or

other subparts that fall within the definition of a

governmental entity under this chapter, may, by

rule, specify at which level the requirements

specified in this chapter shall be undertaken.

63-2-905. Records declared property of the state -

Disposition.

(1) All records created or maintained by a

governmental entity of the state are the property of

the state and shall not be mutilated, destroyed, or

otherwise damaged or disposed of, in whole or part,

except as provided in this chapter.

(2) (a) Except as provided in Subsection (b), all

records created or maintained by a political

subdivision of the state are the property of the state

and shall not be mutilated, destroyed, or otherwise

damaged or disposed of, in whole or in part, except

as provided in this chapter.

(b) Records which constitute a valuable

intellectual property shall be the property of the

political subdivision.

(c) The state archives may, upon request from a

political subdivision, take custody of any record

series of the political subdivision. A political

subdivision which no longer wishes to maintain

custody of a record which must be retained under

the political subdivision's retention schedule or the

state archive's retention schedule shall transfer it to

the state archives for safekeeping and management.

(3) It is unlawful for a governmental entity or

political subdivision to intentionally mutilate, destroy,

or otherwise damage or dispose of a record series

knowing that such mutilation, destruction, or damage

is in contravention of the political subdivision's or the

state archive's properly adopted retention schedule.

63-2-906. Certified and microphotographed

copies.

(1) Upon demand, the state archives shall furnish

certified copies of a record in its exclusive custody

that is classified public or that is otherwise

determined to be public under this chapter by the

originating governmental entity, the records

committee, or a court of law. When certified by the

state archivist under the seal of the state archives,

the copy has the same legal force and effect as if

certified by the originating governmental entity.

(2) The state archives may microphotograph

records when it determines that microphotography

is an efficient and economical way to care,

maintain, and preserve the record. A transcript,

exemplification, or certified copy of a

microphotograph has the same legal force and

effect as the original. Upon review and approval of

the microphotographed film by the state archivist,

the source documents may be destroyed.

(3) The state archives may allow another

governmental entity to microphotograph records in

accordance with standards set by the state

archives.

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