Utah Code § 63G-26-103 — Utah Code / Title 63G / Chapter 63G-26 / § 63G-26-103
§ 63G-26-103. Protection of personal information.
Status: in_force

(1) Except as provided in Subsections (2), (3), and (4), a public agency may not: (a) require an individual who is a donor to a nonprofit entity to provide the public agency with personal information or otherwise compel the release of personal information; (b) require a nonprofit entity to provide the public agency with personal information or compel the nonprofit entity to release personal information; (c) release, publicize, or otherwise publicly disclose personal information in possession of a public agency; or (d) request or require a current or prospective contractor or grantee of the public agency to provide the public agency with a list of nonprofit entities to which the current or prospective contractor or grantee has provided financial or nonfinancial support. (2) Subsection (1) does not apply to: (a) a disclosure of personal information required under Title 20A, Election Code, or Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act; (b) the release of personal information by a public agency if the information is voluntarily released to the public by the individual or nonprofit entity to which the personal information relates, including: (i) as part of public comment or in a public meeting; or (ii) in another manner that is publicly accessible; (c) a disclosure of personal information in accordance with a lawful warrant or court order issued by a court with jurisdiction; (d) a lawful request for discovery of personal information in litigation or a criminal proceeding if the court with jurisdiction: (i) finds that the requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and (ii) issues a protective order barring disclosure of personal information to a person not named in the litigation; (e) admission of personal information as relevant evidence before a court with jurisdiction, except that a court may not publicly reveal personal information absent a specific finding of good cause; (f) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit Corporations Act; (g) disclosure of personal information to the Department of Financial Institutions to conduct regulatory oversight of federally insured depositories to comply with the requirements of statute, rule, or regulation; (h) disclosure of personal information to the Insurance Department to conduct regulatory oversight of persons licensed under Title 31A, Insurance Code, to comply with the requirements of statute, rule, or regulation; or (i) disclosure of personal information that is required, requested, or released by the following divisions of the Department of Commerce, provided that each division may only use personal information in connection with the specific request to which the personal information relates and for a related proceeding: (i) by the Division of Consumer Protection in accordance with the Division of Consumer Protection's administration and enforcement of a chapter described in Section 13-2-102; (ii) by the Division of Corporations and Commercial Code in accordance with the Division of Corporations and Commercial Code's authority under Title 13, Chapter 1a, Division of Corporations and Commercial Code, and in the course of the Division of Corporations and Commercial Code's administration of: (A) Title 3, Uniform Agricultural Cooperative Association Act; (B) Title 16, Corporations; (C) Title 42, Chapter 2, Conducting Business Under Assumed Name; (D) Title 48, Unincorporated Business Entity Act; (E) Title 70, Chapter 3a, Registration and Protection of Trademarks and Service Marks Act; and (F) Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions; and (iii) by the Division of Securities to conduct regulatory oversight of persons regulated under Title 61, Chapter 1, Utah Uniform Securities Act, to comply with the requirements of statute, rule, or regulation. (3) Subsections (1)(a), (b), and (d) do not apply to: (a) the request or use of personal information necessary to the State Tax Commission's administration of tax or motor vehicle laws, except that the State Tax Commission may only use personal information in connection with the administration of tax or motor vehicle laws or for a related proceeding; or (b) access to personal information by the Office of the Legislative Auditor General to conduct an audit authorized under Utah Constitution, Article VI, Section 33, and Section 36-12-15, or the state auditor's office to conduct an audit authorized under Title 67, Chapter 3, Auditor, except the legislative auditor general or state auditor may only use the personal information in connection with the specific audit to which the request relates. (4) Subsection (1) does not apply to disclosure of a contributor to a sponsoring organization, as those terms are defined in Section 41-1a-1601.