2023 Utah Code › Title 63G - General Government › Chapter 2 - Government Records Access and Management Act › Part 6 - Collection of Information and Accuracy of Records › Section 601 - Rights of individuals on whom data is maintained -- Classification statement -- Notice to provider of information.

Effective 5/3/2023
63G-2-601.
Rights of individuals on whom data is maintained -- Classification and personal identifying information statement -- Notice to provider of information.
(1)
(a) Each governmental entity shall file with the state archivist a statement explaining, for each record series collected, maintained, or used by the governmental entity, the purposes for which each private or controlled record in the record series is collected, maintained, or used by that governmental entity.
(b) Each executive branch agency, as defined in Section 63A-12-100.5, shall file with the state archivist a statement explaining, for each record series collected, maintained, or used by the executive branch agency, the purposes for which the personal identifying information in the record series is collected, maintained, or used by the executive branch agency.
(c) The statement filed under Subsection (1)(a) or (b):
(i) shall, for each purpose described in Subsection (1)(a) or (b), identify the authority under which the governmental entity or executive branch agency collects the records or information included in the statement described in Subsection (1)(a) or (b); and
(ii) is a public record.
(2)
(a) A governmental entity shall provide the notice described in this Subsection (2) to a person that is asked to furnish information that could be classified as a private or controlled record.
(b) An executive branch agency, as defined in Section 63A-12-100.5, shall provide the notice described in this Subsection (2) to a person that is asked to furnish personal identifying information.
(c) The notice required under Subsection (2)(a) or (b) shall:
(i) identify the record series that includes the information described in Subsection (2)(a) or (b);
(ii) state the reasons the person is asked to furnish the information;
(iii) state the intended uses of the information;
(iv) state the consequences for refusing to provide the information; and
(v) disclose the classes of persons and the governmental entities that currently:
(A) share the information with the governmental entity; or
(B) receive the information from the governmental entity on a regular or contractual basis.
(d) The governmental entity shall:
(i) post the notice required under this Subsection (2) in a prominent place at all locations where the governmental entity collects the information; or
(ii) include the notice required under this Subsection (2) as part of the documents or forms that are used by the governmental entity to collect the information.
(3) Upon request, each governmental entity shall, in relation to the information described in Subsection (2)(a) or (b), as applicable, explain to a person:
(a) the reasons the person is asked to furnish information;
(b) the intended uses of the information;
(c) the consequences for refusing to provide the information; and
(d) the reasons and circumstances under which the information may be shared with, or provided to, other persons or governmental entities.
(4) A governmental entity may use the information that the governmental entity is required to disclose under Subsection (2)(a) or (b) only for those purposes:
(a) given in the statement filed with the state archivist under Subsection (1); or
(b) for which another governmental entity may use the record under Section 63G-2-206.
Amended by Chapter 173, 2023 General Session