The Government Records and Management Act defines “public record” to include “electronic data,” “documents” and “other documentary material regardless of physical form or characteristics.” Utah Code Ann. § 63G-2-103(22)(a). Public records, however, do not include personal communications sent from or to a government officer or employee who is acting in his or her private capacity.
All governmental entities (except those that are permitted to maintain their own retention schedules) “shall file with the State Records Committee a proposed schedule for the retention and disposition of each type of material that is defined as a record under this chapter.” Utah Code Ann. § 63G-2-604(1)(a). Although section 63G-2-604 does not distinguish between paper and electronic records, it also does not preclude government entities from submitting proposed retention schedules that make such distinctions; indeed, the law appears to expect it in requiring proposed schedules for each type of material that qualifies as a record. § 63G-2-604(1)(a).