63G-2-302. Private records.
(1) The following records are private: records concerning an individual's eligibility for unemployment insurance benefits, social services, welfare benefits, or the determination of benefit levels; records containing data on individuals describing medical history, diagnosis, condition, treatment, evaluation, or similar medical data; records of publicly funded libraries that when examined alone or with other records identify a patron; records received by or generated by or for: the Independent Legislative Ethics Commission, except for: the commission's summary data report that is required under legislative rule; and any other document that is classified as public under legislative rule; or a Senate or House Ethics Committee in relation to the review of ethics complaints, unless the record is classified as public under legislative rule; records received by, or generated by or for, the Independent Executive Branch Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review of Executive Branch Ethics Complaints; records received or generated for a Senate confirmation committee concerning character, professional competence, or physical or mental health of an individual: if, prior to the meeting, the chair of the committee determines release of the records: reasonably could be expected to interfere with the investigation undertaken by the committee; or would create a danger of depriving a person of a right to a fair proceeding or impartial hearing; and after the meeting, if the meeting was closed to the public; employment records concerning a current or former employee of, or applicant for employment with, a governmental entity that would disclose that individual's home address, home telephone number, social security number, insurance coverage, marital status, or payroll deductions; records or parts of records under Sectionthat a current or former employee identifies as private according to the requirements of that section; 63A-19-408 that part of a record indicating a person's social security number or federal employer identification number if provided under Section,,,,,, or; 31A-23a-104 31A-25-202 31A-26-202 58-1-301 58-55-302 61-1-4 61-2f-203 that part of a voter registration record: identifying a voter's: driver license or identification card number; social security number, or last four digits of the social security number; email address; day, month, or year of birth; or phone number; submitted by the voter as proof of United States citizenship; indicating whether the voter has provided proof of United States citizenship; or indicating whether the voter is restricted to voting a federal ballot; a voter registration record that is classified as a private record by the lieutenant governor or a county clerk under Subsectionor; 20A-2-101.1(5)(a) 20A-2-204(4)(c) a voter registration record of an at-risk voter, as defined in Section; or 20A-2-601 before January 1, 2027, a voter registration record of a voter who is limited to voting a federal ballot only; the following forms and supporting verification: a withholding request form used, before April 6, 2026, to request that a voter's voter registration be withheld as a private record, and any verification submitted in support of the form; an at-risk voter designation request form described in Sectionand any verification submitted in support of the form; 20A-2-606 a notice described in Section; and 20A-2-602 a form relating to a request described in Section,,, or; 20A-2-603 20A-2-604 20A-2-605 20A-2-607 a record or information regarding whether a voter returned a ballot with postage attached; a record that: contains information about an individual; is voluntarily provided by the individual; and goes into an electronic database that: is designated by and administered under the authority of the chief information officer; and acts as a repository of information about the individual that can be electronically retrieved and used to facilitate the individual's online interaction with a state agency; information provided to the commissioner of insurance under: Subsection; 31A-23a-115(3)(a) Subsection; or 31A-23a-302(4) Subsection; 31A-26-210(4) information obtained through a criminal background check under Title 11, Chapter 40, Criminal Background Checks by Political Subdivisions Operating Water Systems; information provided by an offender that is: required by the registration requirements of Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry; and not required to be made available to the public under Subsection; 53-29-404(3)(a) a statement and any supporting documentation filed with the attorney general in accordance with Section, if the federal law or action supporting the filing involves homeland security; 34-45-107 electronic toll collection customer account information received or collected under Sectionand customer information described in Sectionreceived or collected by a public transit district, including contact and payment information and customer travel data; 72-6-118 17B-2a-815 an email address provided by a military or overseas voter under Section; 20A-16-501 a completed military-overseas ballot that is electronically transmitted under Title 20A, Chapter 16, Uniform Military and Overseas Voters Act; records received by or generated by or for the Political Subdivisions Ethics Review Commission established in Section, except for: 63A-15-201 the commission's summary data report that is required in Section; and 63A-15-202 any other document that is classified as public in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission; a record described in Sectionthat verifies that a parent was notified of an incident or threat; 53G-9-604 a criminal background check or credit history report conducted in accordance with Section; 63A-3-201 a record described in Subsection; 53-5a-104(7) on a record maintained by a county for the purpose of administering property taxes, an individual's: email address; phone number; or personal financial information related to a person's payment method; a record submitted by a taxpayer to establish the taxpayer's eligibility for an exemption, deferral, abatement, or relief under: Title 59, Chapter 2, Part 11, Exemptions; or Title 59, Chapter 2a, Tax Relief Through Property Tax; a record provided by the State Tax Commission in response to a request under Subsection; 59-1-403(4)(y)(iii) a record of the Child Welfare Legislative Oversight Panel regarding an individual child welfare case, as described in Subsection; 36-33-103(3) a record relating to drug or alcohol testing of a state employee under Section; 63A-17-1004 a record relating to a request by a state elected official or state employee who has been threatened to the Division of Technology Services to remove personal identifying information from the open web under Section; 63A-16-109 a record including confidential information as that term is defined in Section; 67-27-106 a record or notice received or generated under Title 53, Chapter 30, Security Improvements Act, relating to: an application for certification described in Section; or 53-30-201 a security improvement, including a building permit application or building permit for a security improvement described in Section; and 53-30-301 a record created or maintained under Subsectionconcerning a firearm retained by a law enforcement agency under Title 53, Chapter 5a, Part 5, Firearms Safe Harbor. 53-5a-502(6)
(2) The following records are private if properly classified by a governmental entity: records concerning a current or former employee of, or applicant for employment with a governmental entity, including performance evaluations and personal status information such as race, religion, or disabilities, but not including records that are public under Subsectionor) or private under Subsection; 63G-2-301(2)(b) 63G-2-301(3)(o (1)(b) records describing an individual's finances, except that the following are public: records described in Subsection; 63G-2-301(2) information provided to the governmental entity for the purpose of complying with a financial assurance requirement; or records that must be disclosed in accordance with another statute; records of independent state agencies if the disclosure of those records would conflict with the fiduciary obligations of the agency; other records containing data on individuals the disclosure of which constitutes a clearly unwarranted invasion of personal privacy; records provided by the United States or by a government entity outside the state that are given with the requirement that the records be managed as private records, if the providing entity states in writing that the record would not be subject to public disclosure if retained by it; any portion of a record in the custody of the Division of Aging and Adult Services, created in Section, that may disclose, or lead to the discovery of, the identity of a person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; 26B-6-102 audio and video recordings created by a body-worn camera, as defined in Section, that record sound or images inside a home or residence except for recordings that: 77-7a-103 depict the commission of an alleged crime; record any encounter between a law enforcement officer and a person that results in death or bodily injury, or includes an instance when an officer fires a weapon; record any encounter that is the subject of a complaint or a legal proceeding against a law enforcement officer or law enforcement agency; contain an officer-involved critical incident as defined in Subsection; or 76-2-408(1)(f) have been requested for reclassification as a public record by a subject or authorized agent of a subject featured in the recording; and any portion of a record that reveals whether a taxpayer receives an exemption, deferral, abatement, or relief under: Section; or 59-2-1106 Title 59, Chapter 2a, Tax Relief Through Property Tax.
(3) As used in this Subsection, "medical records" means medical reports, records, statements, history, diagnosis, condition, treatment, and evaluation. (3) Medical records in the possession of the University of Utah Hospital, its clinics, doctors, or affiliated entities are not private records or controlled records under Sectionwhen the records are sought: 63G-2-304 in connection with any legal or administrative proceeding in which the patient's physical, mental, or emotional condition is an element of any claim or defense; or after a patient's death, in any legal or administrative proceeding in which any party relies upon the condition as an element of the claim or defense. Medical records are subject to production in a legal or administrative proceeding according to state or federal statutes or rules of procedure and evidence as if the medical records were in the possession of a nongovernmental medical care provider.