Government records - on paper or computer - are classified into four categories - public, controlled, protected and limited:
Public recordsUnder GRAMA, all government records are public unless they fit within one of the categories exempt from public disclosure - controlled, protected or limited. In addition, GRAMA specifically identifies several types of records that are public.
Public records are divided into two levels or tiers. Tier 1 records are considered "super public" and must always be disclosed. Tier 2 records are generally public, but may be kept secret for various reasons including privacy.
Tier 1 records include:
- Records that contain salaries of most public officials
- Laws
- Final opinions of public bodies
- Final court decisions
- Court records, unless ordered closed by a court
- Property title records including mortgage information
- Property tax records
- Incorporation records kept by the Department of Commerce
Tier 2 records include:
- Empirical data contained in drafts that cannot be obtained elsewhere
- Drafts circulated outside government
- Police initial contact reports and chronological logs
- Records about government assistance to help a business relocate in its jurisdiction
- Records documenting a contractor's compliance with terms of a government contract
Private Records
Private records contain personal information, such as medical or personal financial information. Private records are ordinarily available only to the subject of the record or to persons with written permission from the subject. Examples include:
- Medical records
- Welfare recipient records
- Records about which books a person checked out of a public library
Controlled records
Controlled records usually deal with medical, psychiatric or psychological records. They may be released only to a physician, psy-chol-o-gist or a social worker from the subject, and that person may not disclose the information to the subject. Examples include:
- Adoption records
- Records disclosing the identity of a sperm donor
Protected records
These records can be kept confidential to protect various interests including business and the public interest. Examples include:
- School records in most school districts
- A legislator's request to the Office of Legislative Research and General Counsel to prepare a bill if the legislator has requested confidentiality
- State prison blueprints
- Trade secrets
- Certain confidential business information
- Certain investigative records
Limited records
Access to some government records is limited by specific law that authorizes or requires the keeping of the record. If there is an applicable statute, federal regulation, or court rule, GRAMA only applies to the extent that it does not conflict with that statute, regulation or rule.
Records that are controlled by other statutes that are generally considered open to the public include:
- Driver's license records
- Motor vehicle registrations
- Marriage licenses
- Voter registration records
Records that are controlled by other statutes that are not generally considered open to the public include:
- Birth and death records (Records are generally only available to members of the immediate family and to government agencies)
- Autopsy reports (In criminal cases, they can only be released to a county attorney or law enforcement agency)
- Salary records for higher education are not public information (The salary figures were closed by separate legislation)
- Certain traffic reports prepared by a citizen
- Criminal histories or "rap sheet" information
For more information
- Call the Utah Freedom of Information Hotline operated by the law firm of Kimball, Parr, Waddoups, Brown and Gee at 532-7840 in the Salt Lake area or 1-800-574-4545 in other areas of the state. Callers should ask for Jeffrey Hunt.
- Call the Utah Attorney General's Office at (801) 538-1015. Brian L. Farr, assistant attorney general responsible for GRAMA-related matters, may be able to answer questions. In addition, the attorney general's office has produced a handbook that may be ordered or picked up at Office of the Attorney General, 263 State Capitol, Salt Lake City, UT 84114.
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Record-access report card
The Deseret News asked Jeffrey J. Hunt, attorney with the Utah Freedom of Information Hotline, to rate how well local government records ordinances meet the standards set by the new state Government Record Access and Management Act (GRAMA). Hunt was asked to rate how well the ordinances serve the public's accessibility to information about its government. His ratings range from "TURKEY" for worst to "* * * * " for best.
- The Legislature's policy is easy to understand and consistent with GRAMA.
- The policy was less than perfect because of its set charge to receive some documents. For example, a standard $400 charge for a general session of bills and daily journals may not represent an "actual cost" of duplicating. A charge based on actual copying cost may be more consistent with the law.- Poor wording makes the ordinance sound as though a fee has to be charged to inspect records. Under state law, it doesn't.
- Language closing records that would "engender shame or embarrassment" is inconsistent with GRAMA.
- The ordinance would require a notarized release from a subject of a record, even for records that are always considered public. "That's ridiculous. Clearly, anyone would say that violates the act."- The ordinance gives the county the power to notify someone when a record about them has been requested.
Kaysville * * 1/2
- The ordinance makes it sound that a fee has to be charged to inspect records. Under GRAMA, it doesn't require a fee to "inspect" records.
- The ordinance could require a notarized release from a subject of a record, even records that are always considered public.
- The ordinance does not appear to allow for an expedited request - normally five days under GRAMA - by the public or press.