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4.01.202. Access to private, controlled, and protected documents

            (1)        Upon request, the City shall disclose a private record to:

                        (a)        the subject of the record;

                        (b)        the parent or legal guardian of an unemancipated minor who is the subject of the record;

                        (c)        the legal guardian of a legally incapacitated individual who is the subject of the record;

                        (d)        any other individual who:

                                    (i)         has a power of attorney from the subject of the record; or

                                    (ii)        submits a notarized release from the subject of the record or his legal representative dated no more than ninety (90) days before the date the request is made; or

                                    (iii)       if the record is a medical record described in Subsection 4.01.302(1)(b), is a health care provider, as defined in Utah Code Subsection 26-33a-102(7) (as amended), if releasing the record, or information in the record is consistent with normal professional practice and medical ethics; or

                        (e)        any person to whom the record must be provided pursuant to court order as provided in Subsection (7) or a legislative subpoena as provided in state law.

            (2)        (a)        Upon request, the City shall disclose a controlled record to:

                                    (i)         a physician, psychologist, certified social worker, insurance provider or agent, or a public health agency upon submission of a notarized release from the subject of the record that is dated no more than ninety (90) days prior to the date the request is made and a signed acknowledgment of the terms of disclosure of controlled information as provided by Subsection (b); and

                                    (ii)        any person to whom the record must be disclosed pursuant to court order as provided in Subsection (7) or a legislative subpoena as provided in state law.

                        (b)        A person who receives a record from the City in accordance with Subsection (2)(a)(i) shall not disclose controlled information from that record to any person, including the subject of the record.

            (3)        If there is more than one subject of a private or controlled record, the portion of the record that pertains to another subject shall be segregated from the portion that requester is entitled to inspect.

            (4)        Upon request, the City shall disclose a protected record to:

                        (a)        the person who submitted the record;

                        (b)        any other individual who:

                                    (i)         has a power of attorney from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the protected classification; or

                                    (ii)        submits a notarized release from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the protected classification or from their legal representatives dated no more than ninety (90) days prior to the date the request is made; or

                        (c)        any person to whom the record must be provided pursuant to a court order as provided in Subsection (7) or a legislative subpoena as provided in state law.

            (5)        The City may disclose a private, controlled, or protected record to another governmental entity, political subdivision, another state, the United States, or a foreign government only as provided by Section 4.01.206.

            (6)        Before releasing a private, controlled, or protected record, the City shall obtain evidence of the requester's identity.

            (7)        The City will disclose a record pursuant to the terms of a court order signed by a judge from a court of competent jurisdiction, provided that:

                        (a)        the record deals with a matter in controversy over which the court has jurisdiction;

                        (b)        the court has considered the merits of the request for access to the record;

                        (c)        the court has considered and, where appropriate, limited the requester's use and further disclosure of the record in order to protect:

                                    (i)         privacy interests in the case of private or controlled records;

                                    (ii)        business confidentiality interests in the case of records protected under Subsections 4.01.304(1) and (2); and

                                    (iii)       privacy interests or the public interest in the case of other protected records;

                        (d)        to the extent the record is properly classified private, controlled, or protected, the interests favoring access, considering limitations thereon, outweigh the interests favoring restriction of access; and

                        (e)        where access is restricted by a rule, ordinance, statute, or regulation referred to in Subsection 4.01.201(3)(b), the court has authority, independent of this Chapter, to order disclosure.

            (8)        (a)        The City may disclose or authorize disclosure of private or controlled records for research purposes if the City:

                                    (i)         determines that the research purpose cannot reasonably be accomplished without use or disclosure of the information to the researcher in individually identifiable form;

                                    (ii)        determines that the proposed research is bona fide, and that the value of the research outweighs the infringement upon personal privacy;

                                    (iii)       requires the researcher to assure the integrity, confidentiality, and security of the records and requires the removal or destruction of the individual identifiers associated with the records as soon as the purpose of the research project has been accomplished;

                                    (iv)       prohibits the researcher from disclosing the record in individually identifiable form, except as provided in Subsection (b), or from using the record for purposes other than the research approved by the City; and

                                    (v)        secures from the researcher a written statement of his understanding of, and agreement to the conditions of this Subsection, and his understanding that violation of the terms of this Subsection may subject him to criminal prosecution under Section 4.01.801.

                        (b)        A researcher may disclose a record in individually identifiable form if the record is disclosed for the purpose of auditing or evaluating the research program and no subsequent use or disclosure of the record in individually identifiable form will be made by the auditor or evaluator except as provided by this Section.

                        (c)        The City may require indemnification as a condition of permitting research under this Subsection.

            (9)        (a)        Under Subsections 4.01.201(5)(b) and 4.01.401(6) the City may disclose records that are private under Section 4.01.302, or protected under Section 4.01.304 to persons other than those specified in this Section.

                        (b)        Under Subsection 4.01.403(11)(b) the Council may require the disclosure of records that are private under Section 4.01.302, controlled under Section 4.01.303, or protected under Section 4.01.304 to persons other than those specified in this Section.

                        (c)        Under Section 4.01.404 the court may require the disclosure of records that are private under Section 4.01.302, controlled under Section 4.01.303, or protected under Section 4.01.304 to persons other than those specified in this Section.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 00-24, Amended, 6/1/2000
Ord. No. 954, Enacted, 6/18/1992
Ord. No. 13-11, Amended, 7/18/2013

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