63G-2-405 - Confidential treatment of records for which no exemption applies.
63G-2-405. Confidential treatment of records for which no exemption applies.
(1) A court may, on appeal or in a declaratory or other action, order the confidentialtreatment of records for which no exemption from disclosure applies if:
(a) there are compelling interests favoring restriction of access to the record; and
(b) the interests favoring restriction of access clearly outweigh the interests favoringaccess.
(2) If a governmental entity requests a court to restrict access to a record under thissection, the court shall require the governmental entity to pay the reasonable attorneys' feesincurred by the lead party in opposing the governmental entity's request, if:
(a) the court finds that no statutory or constitutional exemption from disclosure couldreasonably apply to the record in question; and
(b) the court denies confidential treatment under this section.
(3) This section does not apply to records that are specifically required to be public understatutory provisions outside of this chapter or under Section 63G-2-301, except as provided inSubsection (4).
(4) (a) Access to drafts and empirical data in drafts may be limited under this section, butthe court may consider, in its evaluation of interests favoring restriction of access, only thoseinterests that relate to the underlying information, and not to the deliberative nature of the record.
(b) Access to original data in a computer program may be limited under this section, butthe court may consider, in its evaluation of interests favoring restriction of access, only thoseinterests that relate to the underlying information, and not to the status of that data as part of acomputer program.
Renumbered and Amended by Chapter 382, 2008 General Session