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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
[CHAPTER 2. Table of Contents]
63-2-801 Criminal penalties.
(1) (a) A public employee or other person who has lawful access to any private, controlled, or protected record under this chapter, and who intentionally discloses or provides a copy of a private, controlled, or protected record to any person knowing that such disclosure is prohibited, is guilty of a class B misdemeanor.
(b) It is a defense to prosecution under Subsection (1)(a) that the actor released private, controlled, or protected information in the reasonable belief that the disclosure of the information was necessary to expose a violation of law involving government corruption, abuse of office, or misappropriation of public funds or property.
(c) It is a defense to prosecution under Subsection (1)(a) that the record could have lawfully been released to the recipient if it had been properly classified.
(2) (a) A person who by false pretenses, bribery, or theft, gains access to or obtains a copy of any private, controlled, or protected record to which he is not legally entitled is guilty of a class B misdemeanor.
(b) No person shall be guilty under Subsection (2)(a) who receives the record, information, or copy after the fact and without prior knowledge of or participation in the false pretenses, bribery, or theft.
(3) A public employee who intentionally refuses to release
a record the disclosure of which the employee knows is required
by law or by final unappealed order from a governmental entity,
the records committee, or a court, is guilty of a class B
misdemeanor.
1992
63-2-802 Injunction - Attorneys' fees.
(1) A district court in this state may enjoin any governmental entity or political subdivision that violates or proposes to violate the provisions of this chapter.
(2) (a) A district court may assess against any governmental entity or political subdivision reasonable attorneys' fees and other litigation costs reasonably incurred in connection with a judicial appeal of a denial of a records request if the requester substantially prevails.
(b) In determining whether to award attorneys' fees under this section, the court shall consider:
(i) the public benefit derived from the case;
(ii) the nature of the requester's interest in the records; and
(iii) whether the governmental entity's or political subdivision's actions had a reasonable basis.
(c) Attorneys' fees shall not ordinarily be awarded if the purpose of the litigation is primarily to benefit the requester's financial or commercial interest.
(3) Neither attorneys' fees nor costs shall be awarded for fees or costs incurred during administrative proceedings.
(4) Notwithstanding Subsection (2), a court may only award fees and costs incurred in connection with appeals to district courts under Subsection 63-2-404 (2) if the fees and costs were incurred 20 or more days after the requester provided to the governmental entity or political subdivision a statement of position that adequately explains the basis for the requester's position.
(5) Claims for attorneys' fees as provided in this section
or for damages are subject to Title 63, Chapter 30, Governmental
Immunity Act.
1992
63-2-803 No liability for certain decisions of a governmental entity or a political subdivision.
(1) Neither the governmental entity or political subdivision, nor any officer or employee of the governmental entity or political subdivision, is liable for damages resulting from the release of a record where the person or government requesting the record presented evidence of authority to obtain the record even if it is subsequently determined that the requester had no authority.
(2) Neither the governmental entity or political subdivision, nor any officer or employee of the governmental entity or political subdivision, is liable for damages arising from the negligent disclosure of records classified as private under Subsection 63-2-302 (1)(f) unless:
(a) the disclosure was of employment records maintained by the governmental entity; or
(b) the current or former government employee had previously filed the notice required by Section 63-2-302.5 and:
(i) the government entity did not take reasonable steps to preclude access or distribution of the record; or
(ii) the release of the record was otherwise willfully or grossly negligent.
(3) A mailing from a government agency to an individual
who has filed an application under Section
63-2-302.5
is not a wrongful disclosure under this chapter.
2002
63-2-804 Disciplinary action.
A governmental entity or political subdivision may take
disciplinary action which may include suspension or discharge
against any employee of the governmental entity or political
subdivision who intentionally violates any provision of this
chapter.
1992
