63G-2-601 - Rights of individuals on whom data is maintained -- Classification statement -- Notice to provider of information.
63G-2-601. Rights of individuals on whom data is maintained -- Classificationstatement -- Notice to provider of information.
(1) (a) Each governmental entity shall file with the state archivist a statement explainingthe purposes for which a record series that is designated as private or controlled is collected andused by that governmental entity.
(b) The statement filed under Subsection (1)(a) is a public record.
(2) (a) A governmental entity shall provide notice of the following to a person that isasked to furnish information that could be classified as a private or controlled record:
(i) the reasons the person is asked to furnish the information;
(ii) the intended uses of the information;
(iii) the consequences for refusing to provide the information; and
(iv) 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 contractualbasis.
(b) The notice shall be:
(i) posted in a prominent place at all locations where the governmental entity collects theinformation; or
(ii) included as part of the documents or forms that are used by the governmental entityto collect the information.
(3) Upon request, each governmental entity shall explain to a person:
(a) the reasons the person is asked to furnish information that could be classified as aprivate or controlled record;
(b) the intended uses of the information referred to in Subsection (3)(a);
(c) the consequences for refusing to provide the information referred to in Subsection(3)(a); and
(d) the reasons and circumstances under which the information referred to in Subsection(3)(a) may be shared with or provided to other persons or governmental entities.
(4) A governmental entity may use private or controlled records 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.
Renumbered and Amended by Chapter 382, 2008 General Session