Utah

Fees
Software
Special cases

As legislative monitor for the Utah Press Association, Joel Campbell knows that technology is raising the ante for public records. "We’ve had pretty good success," Campbell said of obtaining databases while a reporter at the Deseret News. But the status quo leaves room for improvement, he said: Reporters don’t often request electronic data and the government "raises alarm" in response to electronic records requests.

As the media representative on the Utah Information Technology Commission, Campbell has worked with interpreting existing law to pertain to online records. The 2003 session saw the passage of bills allowing records custodians to charge commercial market value of certain records as well as the breakdown of the commission and the creation of a new body without a media representative.

The law. The Government Records and Management Act allows states that "every person has the right to inspect a public record free of charge," and includes electronic data in its definition of public records. Utah Code Ann. §§ 63-2-201(1), 63-2-102(18)(a).

While the law restricts many records deemed private, controlled or protected under different sections of GRAMA, there are several instances in which a records custodian may release the data if "the public interest in access outweighs the interests in restricting access." § 63-2-201(5)(b).

The request shall be filled or denied within 10 business days, though a custodian must comply with request within five days if a request "benefits the public." However, an agency may take longer if a request requires "extensive editing" or computer programming. §§ 63-2-204(3)(a), 63-3-204(7-8).

The Uniform Electronic Transactions Act passed in 2000 may indirectly affect access to electronic records. However, there are no known instances of its application. § 46-4-101.

While a government agency is not required to create a new record, it may provide the requested records in a specified format if such an action does not interfere with the agency’s duties and responsibilities. § 63-2-201(8).

GRAMA stipulates that the public is entitled to inspect portions of records not exempt by law, and that the exempt information "shall be segregated" from the records to examine. § 63-2-202(3).

Cases & opinions. None found.

Software. Proprietary software is not considered a record under GRAMA. Utah Code Ann. § 63-2-102(18)(a)(iv). If the government "chooses not to disclose" a computer program, the original data must be disclosed. § 63-2-301(l).

Fees. Agencies may charge a "reasonable free" to recoup the "actual cost" of copying the record. If the record is compiled in a form "other than normally maintained," an agency may charge for staff time spent summarizing, compiling, tailoring, searching and retrieving the records. Records generated by a computer (other than word processing) may accrue additional Fees. "the actual incremental cost of providing the electronic services and products" and a "reasonable portion of the costs association with formatting or interfacing the information." Utah Code Ann. § 63-2-203.

If requester uses his own "copying facilities and personnel" to make copies at the agency office, the fees may be waived. § 63-2-201(9)(b). However, agencies are not allowed to charge for the inspection of a record. § 63-2-203(5)(b). The agency may waive fees if they believe disclosure to be in the public interest. § 63-2-203(4).

Special cases. Ethics Committee records: One set of records considered "private" under GRAMA are Senate and House ethics committee records in regard to "alleged violation of the rules on legislative ethics" either prior to or after a closed meeting. Utah Code Ann. § 63-2-302(1)(a)(iv).

Government employees: Personal information and records on government employees are deemed "private" records. Utah Code Ann. § 63-2-302(1)(a)(vi).

Public body meetings: Transcripts, minutes or reports of a closed meeting are "protected" records. Utah Code Ann. § 63-2-304(32).
Donors to public bodies: If donor or prospective donor requests anonymity, their name and other identifiable donation information is "protected." Utah Code Ann. § 63-2-304(37).

Vehicle Accident History: A law passed during the 2003 session allows for the disclosure of vehicle accident history in bulk form and authorizes the Department of Public Safety to create a fee based on the fair market value of the information.